IMPROVEMENT OF THE LEGISLATION OF THE RUSSIAN FEDERATION REGULATING ACCESSORY OBLIGATIONS

• Main Authors: Евсеева Людмила Анатольевна, Трухан Роман Петрович
• Format: Article
• Language: Russian
• Published: Южно-Российский институт управления - филиал РАНХиГС 2020-03-01
• Series: Северо-Кавказский юридический вестник
• Subjects: : civil law; civil law nature of obligations; basic obligations; additional obligations; accessory obligations; accessory validity; ensuring the fulfillment of obligations; methods of securing obligations; security transaction; independent guarantee; guarantee obligation.
• Online Access: http://vestnik.uriu.ranepa.ru/wp-content/uploads/2020/03/116-121-1.pdf

The article considers the Russian legal model of accessory obligations and its development prospects. The author notes the shortcomings of the current version of the Civil code of the Russian Federation, which does not have a system regulation of this type of obligations. It is concluded that it is expedient to include an article in the code that fixes the division of obligations into main and additional (accessory), as well as essential features of these types of obligations. The main conceptual provisions of this article are formulated. In addition, article 329 of the Civil code of the Russian Federation has been subjected to critical analysis, as well as the norms of certain legislative acts regulating the ways of ensuring the fulfillment of obligations, and proposals for their improvement have been made.