Features that have regressive obligations in civil law, allow you to separate them into an independent category. Their essence lies in the fact that a certain requirement is fulfilled by a party that does not act as a debtor. Next, we consider the general concept of recourse (recourse obligation).
Characteristic
The concept of recourse obligations implies the existence of a certain right for someone who has already fulfilled a requirement. In particular, it is possible to partially compensate for their actions. Regressive is an obligation under which one party must indemnify the other party for damage. This damage is incurred due to the fact that, on another request, the second party took any action or paid a sum of money for the first. Thus, one who relies on compensation is given the possibility of a “reverse claim”.
Main signs
Regressive obligations are derivative. In the absence of a basic claim, the right of reverse compensation does not arise. The parties to the relationship in question have certain names. So, the debtor is mainly the creditor in the recourse obligation regredient. The second party may or may not participate in the original requirement. It is called a regress. In content, these relationships are characterized as one-sided. The re-ingredient in them is vested with the right of demand, and the regress, respectively, is an obligation. The latter may be presented in the form of certain actions or reimbursement of funds paid.
Obligations involving third parties appear with the participation of the state, organizations or citizens. The main significance of such relations is that they form the opportunity for the debtor, at the basic request, to transfer possible adverse consequences to the guilty party, who did not fulfill it.
Subjects of legal relations
They are the creditor and the debtor. The first is considered the active party to the obligation. This is due to the creditor being able to demand that the debtor fulfill the conditions. The second side is considered passive. The debtor has an obligation to perform a specific action in favor of the creditor. In particular, he may be required to perform work, pay money, transfer property, and so on. Inaction may also be a debtor’s obligation. It constitutes abstinence from the commission of any behavioral act. Several persons may act on the side of the creditor or debtor. In this case, the so-called "multiplicity" in the relationship takes place. Its passive type appears when several persons appear on the debtor's side. Active plurality, respectively, is associated with the lender side. If there are several of those and other participants, then they speak of mixed multiplicity.
Classification of recourse obligations
They can be:
- Equity. In this case, each debtor fulfills the condition according to his share. Moreover, each lender has the opportunity to demand only a certain part.
- In solidarity. In these cases, the creditor may demand performance of obligations from any of the co-borrowers. Moreover, they can be performed both fully and partially. Each co-creditor also has the opportunity to present claims to one debtor in full.
A separate category is subsidiary relations.Their essence lies in laying the obligation on the additional debtor to take certain actions in the event that the initial one refused them, or if the creditor did not receive a response within a reasonable time to the demand.
Face change
In a binding relationship, a new party may appear. She may act as a debtor or creditor. The right to demand fulfillment of obligations held by the creditor may be transferred to another person in accordance with the terms of the transaction (assignment) or on the basis of a legislative act (Article 353, Clause 1 of the Civil Code).
Assignment of claims (cession) is called a special agreement. It is between the main creditor (assignor) and the new (assignee). As a result, the rights of claim to the debtor pass to the latter. Usually the consent of the debtor in this case is not required. However, by law, it must be notified. The transfer of rights to claim obligations that directly relate to the identity of the creditor is not allowed. These, in particular, include maintenance debt, compensation for health damage, and so on. In addition, the rule of transfer of rights from a creditor to another person is not used for recourse claims. The conclusion of an agreement regarding these relations is carried out in the same way as the execution of the original contract, on the basis of which the requirements arose.
Debt transfer
The change of persons in the passive side of the relationship is actually carried out through the conclusion of an agreement between the original debtor and the new one. This procedure is authorized by the creditor. In other words, debt cannot be transferred without the consent of the active party. In this case, the new debtor, after fulfilling the requirements of the creditor, may present to the original reverse requirements - recourse obligations.
Endorsement
This is a fairly revealing example of a recourse obligation. An endorsement is an endorsement. It is a means of transferring rights on securities warrant. The transmitting party in this case is the endorser. He is responsible not only for immediate existence, but also for the implementation of the law, which is fixed in the security. This provision is established in Art. 146, paragraph 3 of the Civil Code. According to Art. 147, clause 1, the party issuing the security, as well as all who endorsed it, shall be jointly and severally liable to the rightful owner. If his requirements are satisfied by several subjects of relations, they get the opportunity to impose recourse obligations on the remaining debtors.
Special case of joint debt
It includes a security obligation of guarantee. The debtor can fulfill the requirement, but not inform the guarantor, who later also fulfilled it. In this case, by law, the latter has the ability to impose recourse obligations on another debtor. It may also require reimbursement from the lender. In this case, the choice of protection method will depend on the guarantor's will. A regression obligation arises only in the case described. If the requirements were met only by the guarantor, then he cannot present a reverse penalty. The creditor's right passes to him in accordance with the law - Art. 387 para. 4 and Art. 365, paragraph 1.
Specificity
The main difference between a recourse obligation and a change of persons is the fact that the first is a completely new requirement. The basic conditions in this case cease to exist, since they are fulfilled. If the transfer of claim rights occurs, the obligation is not retained. In this case, only the subjective composition of the relationship changes. This provision is reflected in the law. Regressive obligations also appear in the relationship between the debtor and the party that bears subsidiary liability in case the debtor satisfied the creditor's claims. This position is fixed in Art. 399 Civil Code.
Vehicle rental
For damage that is caused directly by the tool itself, its devices, equipment or mechanisms, the lessor is responsible. However, the law gives him the right to prove that the damage arose through the fault of the owner. In this case, he may claim damages in recourse.
Transport Owner Liability Insurance
The legislation provides for several cases in which the insurer cannot refuse to pay compensation to the beneficiary. However, he is vested with the right to submit a recourse claim. This provision is reflected in Art. 14 Federal Law on CTP. This right is granted to the insurer in relation to the person who caused the damage in the amount of the payment made by him. In addition, he may demand compensation for expenses directly related to the consideration of the insured event. The insurer has a right of recourse if:
- As a result of deliberate actions, harm was caused to the health and life of the victim.
- The person was not authorized to drive vehicles.
- The injector was drunk during the incident.
- The person was not included in the contract as an entity that is allowed to drive this vehicle.
- An insured event occurred during a period that is not provided for by the insurance contract.
Other cases
The legislation provides for the emergence of regressive law in the process of fulfilling tort obligations. So, a person who has indemnified for damage caused by another entity (an employee in the course of labor, official or official activity, driving a vehicle, etc.) may submit recourse claims in an amount equal to the compensation paid, unless a different amount is specified in the legislation. This provision is established in Art. 1081, paragraph 1 of the Civil Code. A person who single-handedly compensated for the harm caused jointly may, in recourse, demand from each other guilty a share of the compensation paid to the victim. The size of the required part must correspond to the degree of guilt of the other causer of harm.
Regressive obligations may arise at the state level. Thus, the Russian Federation directly, as well as any of its constituent entities or a municipality, when compensating for damage that has been caused by employees of the court, bodies of inquiry, prosecutor's office or preliminary investigation, may present the opposite requirement to this employee. This position is fixed in Art. 1070, paragraph 1 of the Civil Code. It can be applied only if the guilt of the official is established in accordance with the verdict of the court that entered into force (Article 1081, Clause 3 of the Civil Code). Subjects who compensated for damage caused by a legally incompetent person or a minor cannot claim the opposite.