For a simple layman, many legal terms are complex and incomprehensible words. In order to eliminate such illiteracy and to understand what is at stake, you need to spend several minutes of your time and familiarize yourself with the text of this article, a speech in which we will talk about concepts such as joint and several liability. Do you need to know what it is - the business of each individual. However, these concepts are widespread, they are often used in civil law relations such as loans, loans and others, that is, what is found in the ordinary everyday life of almost every person.
Of course, in the understanding of many people there is some idea of what exactly these phrases mean, but how correct they can be understood only after familiarizing yourself with the definition. So what is joint responsibility?
Definition of the term “liability”
Perhaps you should start with the concept of responsibility. This term expresses legal civil relations between people. It can be divided into various categories, for example: moral, criminal, property, and, of course, subsidiary and joint liability. Thus, we can conclude. We can say that human relations imply a particular responsibility.
The meaning of the term “joint liability”
It is the right of the victim in any situation to claim compensation from the defendants through legal proceedings for damages caused to him. Moreover, it does not matter exactly how many defendants the plaintiff has. However, compensation for harm can be carried out both by each of them in equal shares, and by one person in full. Moreover, if the victim has not received any part of the compensation from one defendant, he has the full legal right to demand the remainder from the other. In practice, it is the plaintiff who determines the person who is obliged to fully compensate him for all the harm done, but the law does not prohibit the defendants, by agreement and without notifying the injured party, to distribute their obligations regarding compensation. Thus, the plaintiff is in a rather favorable position, as he can be completely sure that all his claims will be satisfied and that his rights are restored and protected.
Civil Code of Joint Obligations
What does the concept of “joint responsibility” of the Civil Code of the Russian Federation say? Legislation provides a clear definition of such responsibilities and the procedure for their implementation. At the same time, article 322 of the Civil Code in part one says that the subject of an obligation must be indivisible, and the requirements for it should be set out in an agreement concluded between civil or legal persons, or established by law.
The concept of “joint responsibility” of the Civil Code of the Russian Federation in the same article in part two speaks from the perspective of relations of creditors and debtors that may arise in the implementation of entrepreneurial activity. Namely, several people can be bound by one obligation, and if it is impossible for one of them to pay off the loan, part of it can be assigned to his business associate. Such an obligation is called joint liability of debtors. This legislation also applies to cases when there are several lenders. Their requirements are also joint.
About guarantee
It should be borne in mind that not only the persons who took the loan will be in the bond, but also their guarantors.It is worth noting that when calculating the maximum loan amount for the borrower, the income of the person vouching for it is not taken into account. However, if it is impossible to fulfill the debt obligations, the so-called joint liability of the guarantors will come into force, according to which compensation will become the obligation of this person. And by law, a return loan must be provided. That is, if you have vouched, pay, such joint and several liability is prescribed by law and cannot be canceled even through a court of law.
The concept of subsidiary liability
Quite often, surety liability is called subsidiary liability, and it can be either contractual or non-contractual. Another rather striking example of such an obligation to pay debts is the bankruptcy of an OJSC, when there is a settlement with creditors of the personal property of the founders.
Joint and subsidiary liability have a clear and strong relationship. So, for example, the first type can give rise to the second type of obligation.
Similarities and differences
Having figured out what exactly constitutes joint and subsidiary liability, we can distinguish the main similarities between them:
- these types of obligations stem from civil law relations;
- suggest several debtors;
- both that responsibility can come only in the cases provided by the legislation.
Features of joint liability
The most important feature of this type of civil law obligation is that the creditor has every right to apply for compensation to both all and one debtor. The right of choice rests with the lender, who can choose the most solvent borrower and demand full payment from him. At the same time, all those who borrowed money for one purpose bear jointly and severally liable liability, and their guarantors may have obligations along with them if the debtors themselves are not able to pay. This obligation terminates only when the loan is repaid along with the expected interest on it.
Reasons for liability
There are many reasons why a so-called joint obligation may arise. The main ones are:
- indivisibility of the subject of debt;
- inheritance of debts from the testator;
- joint residence of tenants in the premises of the landlord;
- succession after reorganization of a legal entity;
- on the basis of a court decision after a certain proceeding, where the authority obliges several persons to compensate for the damage to the plaintiff.
According to the Civil Code, joint liability occurs immediately after the signing of the agreement between the lender and the borrower and continues throughout the repayment term until the full repayment.
As for subsidiary liability, this does not imply a direct appeal of the creditor to the guarantor. This action can only be completed after futile attempts to recover debt from a direct debtor. In the case of his irresponsibility and the inability to withhold the amount of debt from him, the creditor may demand from the guarantor the performance of the obligation, which he agreed to assume upon signing the loan agreement.
In case of bankruptcy of an enterprise It is worth noting that persons who are guilty of bankruptcy in one way or another can be brought to subsidiary liability.
Instead of a conclusion
Russian legislation established that the rights of individuals and legal entities cannot be violated by other persons. Therefore, it is impossible to exempt from paying a loan both a direct debtor and his guarantor on the basis of any everyday problems, in particular, dismissal and loss of earnings, illness and much more.As a rule, situations that may delay the payment of a debt are either indicated in the force majeure section or individually determined directly with the lender.
The timing damages victims of other citizens are established in court and are subject to unquestioning execution.
