Issue 1 (15) 2012

SUBSTANCE OF SUBSIDIARY OBLIGATIONS

SUBSTANCE OF SUBSIDIARY OBLIGATIONS

Kh.T. Nasirov

Russian and Tajik (Slavonic) University
30, M. Tursun-Zade st., Dushanbe, Republic of Tajikistan, 734025
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

This article is devoted to the complex research of volume of the subjective rights and the duties belonging to the participants’ of subsidiary obligation and making its maintenance. In this work it is proved that in subsidiary obligation, as in any other obligating legal relationship, the subjective rights and duties of the parties participating in it defines borders of their lawful (permitted and necessary) behavior for given situation, coordinating it (this behavior) for each other.

The analysis of the subjective rights of the creditor carrying out by him within the limits of realization of subsidiary obligating relationship allows drawing a conclusion on their strong-willed maintenance when they arise, changing and stops in according to the will generated by creditor. So, realizing that the principal debtor has not fulfilled or improperly performed its obligations, the lender has the right to bring to the satisfaction of additional unsettled the debtor. And this opportunity is filled with the power of public enforcement, determines the future behavior of the subsidiary debtor.

Thus, the construction of this relationship becomes the subjective rights of the creditor to demand from the persons according the obligations to satisfy his interests from one side and from other side the legal obligations of the main and subsidiary debtors directed to properly execution the demand of the creditors, where the duties of the main debtor to meet customer requirements party entitled thereto are provided with potential obligations of the additional debtor, in a case of not fulfilling them by the main debtor, to satisfy these requirements in their unfulfilled part.

Keywords: subsidiary obligation; creditor; main and subsidiary debtors; subsidiary responsibility; subjective civil rights and duties

Bibliograficheskij spisok

1. Bratus' S.N. Sub#ekty grazhdanskogo prava. M., 1950. 367 s.

2. Grazhdanskoe pravo: uchebnik / pod red. A.P. Sergeeva, Ju.K. Tolstogo. 2-e izd. M., 1997. Ch.1. 784 s.

3. Em V.S. Kategorija objazannosti v sovetskom grazhdanskom prave (voprosy teorii): dis. …kand. jurid. nauk. M., 1981. 209 s.

4. Kommentarij k Grazhdanskomu kodeksu Respubliki Tadzhikistan. Chasti pervoj (postatejnyj) s ispol'zovaniem sudebnoj praktiki. Dushanbe, 2004. 718 s.

5. Nasirov H.T. Ponjatie i suwnost' principov real'nogo i nadlezhawego ispolnenija subsidiarnyh objazatel'stv // Izv. Akad. nauk Respubliki Tadzhikistan. 2010. №1.

6. Halfina R.O. Obwee uchenie o pravootnoshenii. M.: Jurid. lit., 1974. 340 s.