Yearly journal of scientific articles “Pravova derzhava” Volume 31 (2020), 334-342 p.
Venetskay Marina. Expansion of party replacement designs in the commitment in the civil law of Ukraine
The article is devoted to improving the legal regulation of the replacement of a party to an obligation in the civil legislation of Ukraine, taking into account the needs of civilian turnover and economic practice.
The reasonability of the additional settlement of issues of reimbursement of contracts for the assignment of claims and compensation for additional costs associated with such a concession, as well as the introduction of the institution of the assignment of contracts into Ukrainian civil law, is argued.
The lack of a direct indication of the law on the remuneration of a claim for assignment of a claim has led to the emergence of a number of interpretations of such a transaction as being non-remunerative. Meanwhile, according to the basic provisions of the Civil Code of Contract - the contract is repayable, unless otherwise stipulated by the contract, law or does not follow from the essence of the contract. In addition, the consequence of concluding a deed of assignment claim is the acquisition by the new creditor of property rights that are property, so the free acquisition of property must be considered as a gift, an indication that is absent in the legislation.
Unknown to the contract law of Ukraine and the civil institute of contract withdrawal, which is sufficiently widespread in economic practice and is regulated by European legislation. . The meaning of a contract cancellation is to transfer from one person to another the rights and obligations under the contract with a third party, ie it is a simultaneous combination of the cancellation of claims and the transfer of debt.
It is necessary to extend the methods (structures) of transfer of debt through the introduction in Ukrainian civil law of the methods known since Roman times, in particular, the expropriation as a separate construction of the replacement of the debtor in the obligation, which occurs on the initiative of the creditor and on the basis of the agreement concluded between such credit and the new debtor in the absence of the need to obtain such consent from the original debtor; and intercession as a construct, when a new debtor is joined to the obligation (which may be divisible) and each of them must fulfill the obligation in its share.
Key words: obligations, replacement of a party to an obligation, creditor, debtor, ñession, delegation, novation.
1. Hodåmå E. Obshchaia teoryia obiazatelstv./pereklad z frantsuzkoi. Moskva: Yuryd. yzd-vo M-va yustytsyy SSR,1948. S. 158–160. (rus) 2. Dernburh H. Obiazatelstvennoe pravo /per. pod red. P. Sokolovskoho. 3-e yzd ; pod red. A. Ý. Vormsa, Y. Y. Vulferta. Moskva : Pechatnia A. Y. Snehyrevoi, 1911. S. 159. (rus) 3. Sanfylyppo Ch. Kurs rymskoho chastnoho prava: uchebnyk / pod obshch. red. d.iu.n. D.V. Dozhdeva. Moskva : Yzd-vo BEK, 2002. S. 226. (rus) 4. Pryntsypó mezhdunarodnókh kommercheskykh dohovorov UNYDRUA 2010 / per. s anhl. A. S. Komarova. Moskva : Statut, 2013. LXXIV. 758 s. (rus) 5. Pokrovskyi Y. A. Ystoryia rymskoho prava. Cankt-Peterburh : Yzd.-torh. dom «Letnyi sad», 1999. S. 446. 6. Yoffe O. S., Musyn V. A. Osnovû rymskoho hrazhdanskoho prava. Leninhrad : Yzd-vo Lenynhr. un-ta, 1975. S. 104. 7. Pobedonostsev K. P. Kurs hrazhdanskoho prava. Ch. 3 : Dohovorè y obiazatelstva. URL : http://civil.consultant.ru/elib/books. (rus) 8. Zhylinkova I. V. Konstruktsii zaminy borzhnyka u tsyvilnomu zoboviazanni. Visnyk Akademii pravovykh nauk Ukrainy. 2010. ¹ 1. S. 123–133. (ukr)