Гражданский кодекс разделяет понятие "Responsibility" into several types. In particular, in this article we will tell you what solidarity responsibility is and when it can come. It is worth noting that a certain economic interest in concluding various transactions arises not only from creditors, but also from debtors. However, joint responsibility arises from citizens or legal entities by no means always, but only if the subject of the obligation can not be divided, when several people are harmed and in some other cases.
As already indicated, this kind of responsibilityit comes only under certain circumstances. Joint and several liability is an obligation that can occur only in situations that are provided for by the Civil Code of the Russian Federation, by some other regulatory acts, or directly by an agreement. The law states that if several debtors or creditors have an obligation related to entrepreneurship, then they must be held jointly. This is primarily due to the fact that in business relations there is always an increased risk.
In the civil code and some other lawsclearly spelled out when joint responsibility may occur. For example, if the landlord will be responsible for the choice of the seller, according to the contract of sale, the tenant may make claims that follow from the agreement on the sale to the seller of the property, as well as to the landlord. The same applies to the buyer of the goods, if the purchased thing turns out to be of poor quality or defective. So, the consumer is given the right to choose to file a claim either to the seller or directly to the manufacturer. The law provides for mutual obligations for founders of certain types of legal entities. Thus, parties to a simple partnership agreement must be jointly liable for all the obligations of the established organization. The Civil Code of the Russian Federation also provides for another case in which certain individuals will respond reciprocally - the infliction of harm by several subjects. That is, for joint liability to arise, individuals do not have to be bound by a contractual relationship. It is enough that they committed the same violation.
As we have already found out, the responsibility is joint and several.these are obligations that arise simultaneously for several persons under certain circumstances. At the same time, such a burden may arise by virtue of not only the law, but also the contract. If the agreement establishes the rule that the debtors are jointly liable to the creditor, then he may demand payment of the debt both from all debtors and from each of them separately. Such a person has the authority to oblige one of them to pay part of the amount or the entire debt in full. The law also determines that if one of the debtors does not pay the debt in full, the creditor is entitled to claim the missing amount from the other participants in the transaction. Joint and several debtors will be obliged until such time as they fully fulfill their obligations under the contract.
Joint liability is very important.mechanism to protect the rights of the lender. If the debtor has a joint obligation, then he should not object to the claims of the creditor. If one of the debtors fully fulfills the obligations, then the other persons who are jointly liable with him are exempt from such actions in favor of the creditor.
If the contract does not specify other conditions, thena debtor who has fulfilled a joint and several obligation may file a regressive (reverse) claim against other debtors regarding the reimbursement of his expenses to cover the debt (with the deduction of the share that falls on himself). After repayment of the debt, the debtor becomes a creditor for other co-debtors. If they do not agree to cover this amount voluntarily, then such a person may apply to the court.
Модель таких правоотношений довольно выгодна creditor, as he receives much more guarantees that the commitment will be fulfilled. Joint liability in civil law was provided to reduce the risk of loss for the lender. After all, if one of the co-debtors does not pay the debt, then there is a high probability that the other party who has a joint and several obligation will be able to cover the creditor’s losses in full or in part. At the same time, it should be noted that another situation is possible. Civil law provides that there may also be legal relations where the parties to the contract are one debtor and several creditors.
In some cases, joint and several liabilityA loan may arise from a person who is not a party to the contract. However, it is possible to become a debtor under the obligations of another person only under certain conditions. For example, if a company has been reorganized and if the separation balance sheet does not allow for the establishment of a legal successor, then a subsidiary company may be responsible for the debts of the transformed company (if it was responsible with the main legal entity for all transactions).
In addition to the joint, the law defines another typeresponsibility - subsidiary. The principal differences between these two concepts are that a subsidiary obligation can occur only if the principal debtor cannot personally fulfill its obligations. In other words, the subsidiary debtor is a kind of “reserve player”, an additional guarantee that the commitment will be fulfilled. The lender can not immediately send to the additional debtor the demand to repay the debt. He can make such a claim only after the “main” borrower fails to fulfill his obligation. If the creditor requests repayment of the debt from the subsidiary debtor, then such a person should inform the principal debtor about this. If a subsidiary debtor is sued, then the main borrower should also take part in the legal process.
We have analyzed all cases when it can occur.joint responsibility. The RF Civil Code at the highest level regulates relations between joint and several debtors (creditors). Joint obligations may arise by virtue of the provisions of a treaty, a law, or when damage is caused by several persons. If one of the co-debtors fulfills the obligations to the creditor (victim) in full, he has the authority to demand compensation from such persons (not including his share). At the same time, the creditor himself has the right to decide who to make demands on: to all persons obliged by contract or to someone alone.
Joint liability is a mechanismwhich is designed to minimize the risks of the lender. However, such responsibility may occur far from always, but only in the case of the indivisibility of the object of the obligation or if several persons simultaneously cause harm.
