Fulfillment of obligations is an essential part of civil and economic turnover.Without such an act on the part of the debtor does not make sense the existence of the law of obligations as a special private-sub reality.But what is a performance of obligations?
briefly about the concept, principles and conditions
legal definition says that a special demeanor of the debtor, under which it is obliged to do or abstain from action, is the subject of (base) obligations.As can be seen from the definition of the person is required to follow one of the options: either to act, ieactively do something, or idle, ierefuse to follow a predetermined manner of behavior.In both cases the debtor agrees to comply with clearly defined instructions.This clarification is important becauseotherwise the lender may refuse to accept the obligations, which gives rise to the application of other rules of the law of obligations.
Wherefore should remember the main conditions is always accompanied by performance of an obligation:
- private performance is that the debtor is obliged to fulfill its commitments, except in cases where the parties are not directly agreed that such actionswill be made by third parties;
- obligation should be performed if and to the extent to which the parties have agreed otherwise at risk of a debtor does not fulfill his duty or fulfill it in an improper manner;
- obligation is performed only with respect to its subject matter;
- debtor to fulfill obligations only in the place, which is specified by the lender.
Also presented conditions should be subject to the fulfillment of obligations and the principles established by the legislation.And these are the principle and the principle of proper execution of compulsory execution of the contract.Both of them appear special principles peculiar to the law of obligations.So do not forget about the general principles that form the civil law.
Yet the main acts in this phenomenon is which way the obligations are performed.
methods of performance
In theory civil law execution of the obligation can be made only in two ways.
first acts proper execution.The debtor fulfills its responsibilities under the terms agreed upon with the lender.
second method appears to refrain from actions in favor of the creditor.This means that under specified conditions the debtor undertakes not to act in some way.It should be noted that the latter is much easier to perform sincein commitments clearly spells out all the circumstances of such behavior.
Often methods of performance substitute for the notion of "enforcement".This situation is fundamentally wrong.As noted earlier, the phenomenon in question presents a final chord relationships.While enforcement - this is just the measure of providing a guarantee that an obligation will be fulfilled.
to a method for ensuring the fulfillment of obligations are:
- surety;
- bail;
- penalty;
- bank guarantee of performance;
- credit.
All these species by its legal nature can not act as a fulfillment of the obligation.They give the creditor the opportunity to make sure that if the obligation is not executed or its execution has not realized as it was stated, he would be able to claim some compensation.To a large extent this position is provided by means of a special tool - the bank guarantee of performance.
Concluding the consideration represented by the Institute, it should be noted that the performance of obligations - an important institution, the absence of which may lead to one-sidedness and the futility of all sub-sectors of mandatory law.
