for Example, the law allows to resolve the matter through compensation. As recalled by the Supreme court, “by agreement of the parties an obligation may be terminated by compensation – payment of funds or transfer of other property”. The debtor may offer to do something with their hands for debt.
“the Rules on compensation do not exclude that as compensation will be carried out works, rendered services or made other provision, – the document says. – The parties may agree on the condition of compensation at any stage of the existence of obligations, including to delay his execution.”
in Other words: feel that and pay will be unbearable, you can go to the lender to settle. Perhaps he will agree to write off debt for the debtor plowed the garden or the plaster walls in the office.
As noted by the Chairman of the Association of lawyers of Russia Vladimir Gruzdev, the issues of fulfillment of obligations are of particular relevance at the present time, when many economic difficulties have arisen in the courts is expected to increase disputes related to the performance of the obligations.
“on the other hand, the subject can be called eternal, as in the period of economic growth and in times of difficulties will debate on the honouring of obligations”, – said Chairman of the Board of AYUR.
He stressed that the draft explains in detail the legal mechanisms available to debtors to resolve their relationship with the lender.
“for Example, in case of impossibility to fulfill obligations as compensation can be offered the property. But, as explained by the draft regulation, if the proposed compensation is not consistent with the agreement of the parties, and in the absence of special instructions in the agreement – usually inadequate, the creditor is entitled to refuse to accept the inadequate compensation offered by the debtor, and to use the remedies established by law or contract in case of violation of the original obligations”, – said Vladimir Gruzdev.
in other words, if the creditor will try to provide poor quality item, the lender is entitled to reject it. Besides, the lender has the right to refuse to take “nature”. For example, in the calculations of citizens with citizens or companies with the companies it is sometimes possible to negotiate about compensation in kind. But it is unlikely such a proposal will be interesting, say, bankers. As noted by the Advisor of the Federal chamber of lawyers of Russia Alexander bolomatov, it is impossible to require banks to accept property as compensation.
“All grounds for termination the obligations, except for the liquidation of the legal person, are subject to agreement of the parties, he said. – So require.is the consent of the parties. Clear the statutory and judicial position in this area to protect the parties and the stability of the turnover. Actually, it cannot be required to accept the Bank other property instead of money as payment on the loan without the consent of the Bank. But banks rarely deal with anything else but money. The banks have no infrastructure for effective implementation, for example, movable property. Because banks do not accept adoption as a fulfillment of a monetary obligation of movable property”.
Alexander bolomatov called interesting a direct indication that the rejection of the claim or part of claims in a dispute the performance of the obligation itself does not imply forgiveness of the debt and shall not terminate the obligation.
In turn, the lawyer Vyacheslav guests receive noticed that the document prescribed rules of debt forgiveness. Discounts for interest forgiveness shall not automatically assume the debt for a gift, and therefore can not be assessed on the citizen taxes, if it is due to financial difficulties knocked off the debt. The draft decree will be modified by the editorial Board.
