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Title |
The concept of subsidiary obligation in civil law of Russia
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Autors |
Kryukova Julia
postgraduate student of the Department of Civil Law at Ural State Law Academy. 620066,
Ekaterinburg, Komsomolskaya str., 21. E-mail: urvest@mail.ru |
Section |
Civil law |
Issue |
7/2012 |
Page |
78-83 |
index UDC |
347.41(470)
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index LBC |
Х404.2(2)
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Abstract |
The article is devoted to the
research of the concept and the legal nature of subsidiary obligation. The author analyzes various views on
the legal nature of subsidiary legal relationship and comes to the
conclusion, that it can’t be referred to the group of obligations with plurality
of persons. The subsidiary obligation is an independent legal relationship,
with its own subject structure, object and contents. The subsidiary obligation
arises if there is the violation of the creditor’s rights by the main debtor, it is the
auxiliary, reserve way of protection of the rights. There is the definition of
subsidiary obligation and the thesis about
inadmissibility of mixture of «subsidiary obligation»
and «subsidiary responsibility» in the article. |
Keywords |
subsidiary obligation, subsidiary responsibility,
obligations with plurality of persons. |
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