Responsibility in a legal sense is the obligation of a person to be responsible for actions and actions. It occurs when any consequences appear, as a rule, of a negative nature.
Responsibility is an established level of negative consequences for a particular subject, if they have violated certain requirements. There are sanctions that are imposed for violations. They are divided into several types: legal, material, moral, political and others. Responsibility also refers to the ability of a particular person to respond, analyze a situation, and predict the consequences of his actions or inactions in a given situation. An important quality is the ability to choose the form of execution of their actions. A person, in fact, must be ready to accept the consequences of his choice as an accomplished and inevitable fact.
What is joint and several liability?
The Civil Code legally defines this type of civil liability for debtors.It occurs in the event that there is an indivisibility of the subject of the obligation, the joint infliction of harm. In fact, it is the general responsibility of a group of specific individuals who have accepted certain conditions. If joint and several liability takes place, the creditor makes a demand for the performance of obligations. Accordingly, the accepted conditions must be fulfilled both by the group of debtors jointly and by the individual included in it. What is the joint responsibility of the guarantor? She isestablished if the contract has a mark. For example, by agreement, the person who takes on the debt and the person who is the guarantor are liable to the creditor as joint and several debtors. The parties can enter into a different kind of obligations if the above conditions are not specified in the agreement.
Joint liability allows a lender who has not received all of the debt to claim what was not received from other persons from the same group of debtors. If the requirement to return the debt is presented to a specific person, the rest of the persons are liable to the demanding financial responsibility in equal shares.They will be obliged until they fulfill the accepted conditions. This provision is true if the other is not spelled out in the contract or the law. The party that paid the amount that exceeds the amount recovered, can count on the recourse to other participants.
The legislative framework
Joint and several liability may arise when a community of obligations or requirements is stipulated by the contract or legally enforced. If joint fulfillment of the requirements takes place, then by virtue of the established law, the collaborators participate in legal relations. The interaction model is legally defined. In accordance with the Civil Code of the Russian Federation (part 2 of article 322), it is determined that the obligations of debtors that are related to commercial activities, as well as claims to several creditors, remain joint, if the law or other legal acts, or the terms of the obligation do not imply other . This form is established by regulation and is conditioned by the need to ensure the protection of interests and rights of the creditor, associated with risks in the implementation of commercial activities.
If the responsibility for choosing the seller lies with the lessor of the financial use agreement, the tenant has the right to make demands.In this case, only what is written in the document is put forward. Thus, the seller is jointly and severally liable for the debts contributed to the transferred enterprise, transferred in accordance with the business obligations of the partnership. Persons who jointly harmed respond to the victims together. If there is an obligation under the contract, then the debtor secures and draws up his will. This expresses the understanding of interest and the desire to become a party to a joint obligation. Article 223 “Creditor’s Rights” shall apply only to those obligations where the debtor assumes obligations to the creditor and is included in the party to the contract. But in practice there are many examples when joint and several debtors are liable to the persons who have credited them, while not being a party to the contract and not taking on any obligations. A business partnership, for example, has the right to give instructions to its subsidiary, which are necessarily enforceable. Members of this community are responsible for all transactions. This, as a rule, is prescribed in documents (agreement, agreement, and others).
The mechanism of legal regulation
By itself, joint liability and its execution are governed by art. 325 of the Civil Code. The fulfillment of obligations in full by one of the parties may exempt other participants from claims made by the lender. However, this creates a liability that provides for the fulfillment of the accepted conditions in relation to this participant. In fact, he then becomes a creditor. If nothing else is agreed between the other participants in the credit history and is not spelled out in the agreement or contract, then:
- a debtor who has fulfilled his joint and several obligation has the right to demand an equal deduction of the share from each participant;
- non-payment by one of the participants of the obligation of the established part shall be distributed in equal shares both to the debtor and other persons.