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of June 11, 2020 No. 6

About some questions of application of provisions of the Civil code of the Russian Federation of discharge

For the purpose of ensuring unity of practice of application by courts of provisions of the civil legislation on discharge the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

1. The obligation stops fully or partially on the bases provided by the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), other laws, other legal acts or the agreement (Item 1 of article 407 Civil Code of the Russian Federation). The list of the bases of discharge is not closed therefore the parties can in the agreement provide the basis of the termination of the obligation which is not mentioned in the law or other legal act and to stop both the contractual, and non-contractual obligation, and also to determine effects of its termination if other is not established by the law or does not follow from being of the obligation (Item 3 of article 407 Civil Code of the Russian Federation).

The bases of the termination of the obligation can how to be the unilateral transaction (for example, the statement for offsetting) or the agreement (for example, provision and acceptance of compensation), not to depend on will of the parties (in particular, the termination of the obligation based on the act of public authority or local government body).

Courts should consider that the termination of contractual commitment on number of the bases can be expressed in the form of the agreement of the parties and represent special case of termination or change of the agreement (Chapter 29 of the Civil Code of the Russian Federation).


2. By agreement of the parties the obligation can be stopped by provision of compensation - payment of money or transfer of other property. At the same time rules about compensation do not exclude that as compensation works will be performed, services are rendered or other provision is performed (Item 1 of Article 407, article 421 Civil Code of the Russian Federation).

The parties have the right to approve condition about provision of compensation at any stage of existence of the obligation, including before delay of its execution.

Provision of compensation can stop not only contractual commitments, but also, for example, obligations from unjust enrichment and the obligation on return received based on the invalid transaction if it does not violate the rights and interests of the third parties, public interests protected by the law or does not contradict being of the initial obligation (Items 2 and 3 of article 307.1 Civil Code of the Russian Federation).

In sense of articles 407 and 409 Civil Codes of the Russian Federation of the party has the right to stop the initial obligation provision of compensation as completely, and in part, concerning the basic and (or) additional requirements.


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