Golubtsov V.G. Agreement of the Parties as the Element of the System of the Legal Mechanisms Stimulating the Debtor to the Proper Obligation Fulfilment: Legal Regulation Innovations
- Valery G. Golubtsov
- Doctor of Juridical Sciences, Professor, Head of Department of Business Law, Civil and Arbitration Procedure
- Perm State National Research University
- Bukireva St., 15, 614990 Perm, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction. The article is devoted to the innovations of the civil regulation of one of the ways to terminate the obligations, quite frequently used in practice – the agreement of the parties. The sphere of its application has endured significant changes due to acquiring the universal character by this institution that allows to apply it to any relations but not exceptionally to the civil law ones. On the basis of the modern juridical doctrine and the law application practice, the author makes an attempt to interpret the results of reforming Article 26 of the Russian Federation Civil Code “Termination of Obligations”. Methods. In the article the author used a complex of general and specific scientific methods of cognition. Results. The author analysed the changes in the legislation covering obtaining the universal character by the agreement of the parties as a way of terminating the obligations. Conclusions. The author comes to the conclusion that the universal character given to the agreement of the parties as a way to terminate the legislation, which allowes to extend the agreement of the parties to all the civil law relations, allowed to continue to create an effective system of the legal mechanisms aimed at stimulating the debtor to the proper obligation fulfilment, because the agreement of the parties with the account for the current legal regulation allows to transform any civil law obligations of the parties for the purpose of their proper fulfilment at any time thereafter.
Key words: stimulating the debtor to the proper obligation fulfilment, guaranteeing the creditor’s interests, law of obligations, reform of the civil legislation, proper obligation fulfilment.
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