To begin with let us recall the concept of "liability laws" and "debt relationship."Liabilities arise in the vast majority of the contracts.In addition, the obligation may be extra-contractual.As debtors and creditors to act in these legal relationships?The answer is clearly stated in the law.And that is determined by the laws and duties and rights of both parties.
But contractual obligations is difficult.According to the Civil Code (Article 321), with the participation of several lenders and several debtors, any creditor may require performance, and all the debtor along with all required to fulfill obligations (unless otherwise provided).
conscientious debtor, taking, for example, a loan, repay the amount determined by the Bank upon the occurrence of a specified period, and is freed from earlier commitments to this bank.Unless the above "otherwise provided", which the debtor could not give a value (or simply did not notice)."Other" may be lurking, for example, the word "solidarity".And other norms of the Civil Code reveals it as an adjective: the creditor may require performance by absolutely all debtors (ie together (jointly), and from any separately. Moreover, as a part of the debt, and completely.
Try to take the place oflender. What will he do if one debtor of the debt repaid on time, and the other - no? Of course, go the least resistance: try to recover the remaining amount of debt to those debtors who are more conscientious (do not hide, and on a monthly basis regularly make certain lump sum.) Andarguing is useless in this situation claim the bank will definitely be satisfied. The Bank received its immediately all debtors forget.
And what a debtor to pay, not only for themselves but also for others?
only here out - recourse. According to the law, the conscientious debtor can request to return the rest of the money paid to them. Of course, except for its own share.And if the rest of the debtors did not meet the requirement, recourse will return the bank to recover money.As a rule, the court is on the side of the victim and obliges unscrupulous debtors to return the money.
Recourse lawsuit already familiar to almost all areas of law.For example, the employer, who was forced to reimburse the debt for them to hired employee, the right to make regressive demands later.
Another example - recourse by accident.The driver, the company hired some to work, gets in an accident.After investigation it turns out: blame the accident happened just hired a driver.This means that the damages rests on him.The employer pays the legal costs, fines, reimburse losses incurred by the second party.Now, the driver is obliged to repay a debt to his employer had directly.In case of refusal the employer can rely on recourse.The duty will be charged in court, according to the law.
statement of claim to arbitration must be submitted in the prescribed manner and be well-formed.Such subtleties better charging lawyers (lawyers), as compliance with the procedural requirements for the form and content of claims does not guarantee acceptance of the application to the production and to meet the requirements.
In case of any discrepancy, the claim will be left without movement, which means - it will not be accepted for consideration.
Claimant given time to eliminate errors in the statement of claim (failure of the APC is not provided) with fixing the date of application of the plaintiff in the court, and an indication of deficiencies or inaccuracies.Copy of the order should be sent to the applicant within one day after the decision.
