principles of performance play a fundamental role in the system of liability law in Russia.They are based all legal relations arising from both contracts and of the injury through tort.The principles are the basic provisions, which can not be taken into account when drawing up the contract of civil nature.
lawyers, as a rule, there are four principles.This is the principle of proper fulfillment of obligations of specific performance, integrity and cooperation.On each of these principles will be discussed below in more detail.Disclosure of the principles in the article produced with the support of both the existing legislation and the draft Civil Law.
concept and principles of execution of obligations laid down in section 3 of the Civil Code.Direct execution of various types of liabilities subject of chapter 22 of the Civil Code.
law requires to fulfill a contractual obligation directly to the person specified in the contract.Perhaps it will be the other side of the agreement, if the agreement is for the benefit of its members.But there are also cases where the obligation to be fulfilled in favor of another person other than the person who is the second party to the contract.Performing the duties appropriate to a particular person, a certain time in a specific agreement, the agreement certain place - it is the fulfillment of conditions of the agreement properly.Draft amendments to the Civil Code stipulates that the obligation should be performed taking into account the business practices at certain inconsistencies parties and unambiguous conditions for its implementation.
Under the real responsibilities of the parties of the transaction meant the implementation of any specific actions (or inaction, if that behavior person is just provided as a proper and necessary performance of the contract by the parties).Will the person to fulfill the obligation should be taken outside and clear counterparty.One will is not enough: an integral component of the designated principle is the will.
principles of performance of the obligation to correlate with the general principles of private law, among which occupies a special place the principle of good faith.Good faith is presumed participants of legal relations.However, if the obligation is not fulfilled or not fully fulfilled, the absence of guilt, that is, the existence of good faith, the party actually committed the appropriate action is required to prove.The principle of good faith and the presumption of guilt in the civil turnover balance each other's strength.The development of the principle of good faith depends entirely on the level of public legal awareness and the level of business culture in the society.
cooperation in the performance of a specific commitment can achieve the target of civil-law agreements faster.Cooperation should not be confused with a compromise: the compromise, each party bears insignificant loss for the joint achievement of targets, and with the cooperation of both sides of the situation is becoming more profitable than before.None of the parties not to sacrifice their own interests.The principles of performance contribute to improve the efficiency of civil circulation, and that the cooperation of contractors allows them to achieve the best results in the framework of the contractual relationship.
obligations can be equity or solidarity.When the debtor is a shared commitment to fulfill obligations only in part set.The creditor is not entitled to require the debtor to perform a share of another debtor.If the contract or the text of the law established solidarity execution of an obligation, the lender has the right to enforce any of the debtors to fulfill this obligation in a certain extent the creditor.
