On the objective side, liability law is presented in the form of a set of rules governing property and related non-property personal relations. They relate to the transfer of material assets, the performance of work or the provision of services, the return of unjustified enrichment, compensation for damage, and also come from a public promise of remuneration, contests, bets and games. 
Structure
The law of obligations is regulated by the Civil Code. Its general part is formed by the norms of section 3. They prescribe the rules that can be used for any obligations. This is because all relations in this area have common features. Along with this, there are many special rules. They are considered in the fourth section of the Civil Code.
Characteristic
An obligation is an attitude in which one person in favor of another must perform a certain action. It may be the transfer of property, the performance of work, etc. In the framework of the obligation, inaction may also be provided, that is, one person should refrain from any action. At this creditor has the right to require the debtor to comply with the established conditions. Obligations may arise from the contract due to damage and other circumstances provided for in the law.
Subjects
In obligatory relations, both one and several persons may act from the creditor and the debtor at the same time. The invalidity of the requirements for one of the entities, as well as the expiration of the statute of limitations to it, do not affect the claims to the rest. If each of the participants in the relationship bears an obligation in favor of the other, then he is considered the debtor in the part that he is obliged to fulfill, and the creditor in what he has the right to demand. An entity to whom it is necessary to transfer one or another thing, to perform any of two or more actions, has the right to choose, unless otherwise follows from the transaction or the law. The agreement between the creditor and the debtor does not form obligations for third parties. For them, rights may be created in relation to one or all participants in the relations in cases established by legislative provisions, transaction conditions or regulatory enactments. If there are several creditors or debtors, each of the former may demand execution, and each of the latter must fulfill the conditions equally with the others. 
Chapter 24 of the Civil Code
Due to the fact that most of the relations under consideration are property, it is allowed to change persons in the obligation. In civil law, such an action involves the replacement of a creditor or debtor by another entity. At the same time, a new participant enters into a relationship on the same conditions as a retired person. This means that the rights and obligations of the person exiting the transaction are transferred to the entity replacing him.
Exceptions
Change of persons in an obligation in civil law is not allowed in cases where the creditor's rights are inextricably linked with his personality. These include, for example, claims for damages to life / health, child support, etc. Change of persons in an obligation may be expressly prohibited by the terms of the transaction or by law. For example, such a provision is prescribed in paragraph 5 of Art. 47 Federal Law No. 102 "On the Mortgage". 
Cases established by law
They are given in Art. 387 Civil Code and a number of other rules. For example, a change of persons in an obligation occurs with universal succession. This can be inheritance or reorganization of a legal entity. Transfer of rights may be carried out by a court decision, if such an opportunity is provided for by law.For example, in accordance with the third paragraph of Art. 250 Civil Code in the sale of a share of ownership with violations of the rules of preemptive acquisition, any participant may demand in court to transfer to him the obligations and legal capabilities of the buyer.
Specificity
There are certain rules in accordance with which a change of persons is carried out. Rights pass from the original creditor to the new one on the conditions and to the extent that existed up to this point. At the same time, the substitute participant accepts not only the initial requirement, but also other opportunities associated with it. For example, these are the rights that ensure the proper fulfillment of obligations (pledge, the ability to recover a penalty, etc.). Their volume may vary by law or by agreement of the parties. 
Base
A transaction in accordance with which a change of persons in an obligation is carried out is called a cession (assignment of a claim). The lender emerging from the relationship is called the assignor, and the new entity is called the assignee. The contract of change of persons in the obligation is executed according to the rules of Art. 389 Civil Code. If the original transaction was concluded in simple writing, then the assignment of rights should be fixed in this way. If there was a notarization, then the assignment must be certified. Some transactions are subject to state registration. Accordingly, an agreement to change persons in the obligation must also be registered.
Important point
The change of persons in the obligation does not imply the establishment of any other than the original conditions for the debtor. He should perform the same actions in accordance with the same requirements. Changes occur only on the part of the lender. In this regard, according to the general rules, the consent of the debtor to the assignment of rights is not required. In some cases, however, it must be obtained. For example, consent is necessary if such a condition is specified in the contract, established by law or when the identity of the creditor is of particular importance to the debtor. The latter occurs when giving, for example. 
Notification
The consent of the debtor to the assignment is not required, but the law requires the creditor to notify him of the change of persons. First of all, interested in the notification assignee. it due to the fact that under the third paragraph of Art. 382 of the Civil Code, the new creditor will bear the risk of probable adverse consequences that are caused by the failure to notify the debtor. If he does not know that there has been a change of persons in the obligation, then the debt may continue to repay to the already retired participant. This action will be considered as compliance with the terms of the transaction. In this case, the assignee who has accepted the right of claim may sue the assignor for unreasonable enrichment.
The debtor may also object before receiving notice. That is, the sooner he is notified of the assignment, the better for the new lender. In addition, under Art. 412 of the Civil Code, the debtor may set off against the claim of the assignee his counterclaim to the assignor if it appeared on the basis that had occurred at the time of notification, and the deadline had come before that or was determined by the date of demand, or not specified.
A responsibility
Taking on monetary obligations or entering into another other transaction, the entity must comply with the established conditions. According to Art. 390 CC, the original creditor is liable to the new solely for the invalidity of the claim that was transferred. For non-compliance by the debtor with the terms of the transaction, he is not responsible. The legislation, however, establishes exceptions. These include cases where a monetary obligation or other property transaction is accompanied by a guarantee of the original creditor for the debtor to the assignee, as well as when the rights under the security order are transferred by endorsement.
The assignor must transfer to the contracting entity documents that confirm the right of claim.In addition, he should give all the information relevant to its implementation. The debtor, in turn, may require evidence of the assignment. He has the opportunity to refuse to comply with the terms of the transaction if the new creditor fails to submit the relevant documents, since he bears the risk of possible adverse consequences under Art. 312 Civil Code.
Change of liability: transfer of debt
Entry into a transaction of a new debtor may also occur in accordance with the law or by agreement of the parties. For the creditor in this case, the identity of the subject entering into the relationship is essential. In this regard, the transfer of debt is allowed only with his consent. The new entity may raise objections to the claims of the creditor. They should be based on the initial relationship between the parties to the transaction. The form in which the transfer of debt takes place must correspond to the original. If the transaction provides for state registration, the new agreement also goes through this procedure. According to Art. 201 GK replacement of participants does not imply a change in the statute of limitations and the rules for calculating it. 
Differences from other deals
The change of persons in the transaction should be distinguished from cases associated with the occurrence of recourse obligation. In the framework of such relations, one entity has the right to demand from another (regress) property that was transferred to a third party instead of the second or through his fault. Two cases should be distinguished here:
- The primary obligation arose between the lender and the regress. The reagent repays the debt and receives the right of the return (recourse) claim. For example, the guarantor (insurance company or bank) pays the creditor the amount. After that, he receives the right to demand it from the debtor under Art. 379 GK (in recourse order).
- The primary obligation is between the lender and the regredient. This situation arises when, by law, the latter is responsible for the actions of the regress. An example would be the responsibility of an organization for its employee. Having fulfilled the obligation to the creditor, the regredient obtains the right of the return requirement. He imposes a penalty on the subject who harmed.
In such situations, the primary obligation ceases to exist, and a new one arises in its place. The right of the regredient will not depend on the rights of the creditor. In cession, a new entity acquires legal capacity in succession. They depend on the rights of the assignor and its relationship with the debtor.
