PERFORMANCE OF AN OBLIGATION BY A THIRD PARTY AS A BASIS FOR ITS TERMINATION

Author(s): Dashko A.V.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2022-4-46-51

Release: 2022-4 (35)

Pages: 46-51

Keywords: surety, property insurance, subrogation, third parties, performance of obligations by a third party, performance of obligations, termination of obligations

Annotation: The performance of obligations by a third party often leads to practical problems and fails to adequately protect the rights of its participants. The purpose of the article is to find the most effective criteria for distinguishing obligations performed by a third party, as well as possible options for their subsequent action in connection with this circumstance. The methodological basis of the article is a set of dialectical and systematic research methods, as well as a teleological approach, according to which third parties perform obligations for the debtor, which affects their termination in different ways. The classification of these obligations on various grounds is given on the example of subrogation claims, a surety agreement and a property insurance contract. The author’s position regarding third parties as participants in obligations that do not have an independent claim, but carry the function of performing the obligation, is reasoned. The proposals to improve individual articles of civil legislation, allowing to eliminate gaps in legal regulation, are made.

Bibliography: Dashko A.V. PERFORMANCE OF AN OBLIGATION BY A THIRD PARTY AS A BASIS FOR ITS TERMINATION // Journal of Legal Sciences. – 2022. – № 4 (35). – С. 46-51. doi: 10.21777/2587-9472-2022-4-46-51