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Title

The concept of subsidiary obligation in civil law of Russia

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)

 

index LBC

Х404.2(2)

 

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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