Chapter 22. Fulfillment of obligations.
Article 309. General Provisions.
Obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with the customs of business turnover or other usually presented requirements.
Article 310. Inadmissibility of unilateral refusal to perform an obligation.
A unilateral refusal to perform an obligation and a unilateral change in its conditions are not allowed, except in cases provided by law. A unilateral refusal to perform an obligation connected with the conduct of business by its parties, and a unilateral change in the conditions of such an obligation are also allowed in the cases provided for by the contract, unless otherwise provided by law or the substance of the obligation.
Article 311. Fulfillment of obligations in parts.
The lender has the right not to accept performance of the obligation in parts, unless otherwise provided by law, other legal acts, the terms of the obligation and does not follow from the customs of business turnover or the substance of the obligation.
Article 312. Fulfillment of an obligation to an appropriate person.
Unless otherwise provided by agreement of the parties and does not arise from the customs of business turnover or the nature of the obligation, the debtor is entitled in the performance of the obligation to require evidence that the execution is accepted by the lender or the person authorized to it, and bears the risk of the consequences of such a claim.
Article 313. Fulfillment of an obligation by a third party.
1. The fulfillment of an obligation may be imposed by the debtor on a third party, if the law, other legal acts, the terms of the obligation or its substance do not imply the obligation of the debtor to fulfill the obligation personally. In this case, the creditor is obliged to accept the performance proposed for the debtor by a third party.
2. A third person who is in danger of losing his right to the debtor’s property (the right to rent, pledge or others) as a result of a creditor’s claim on this property may, at his own expense, satisfy the creditor’s claim without the debtor’s consent. In this case, the rights of the creditor under the obligation in accordance with Articles 382 - 387 of this Code are transferred to the third party.
Article 314. Deadline for the fulfillment of an obligation.
1. If the obligation provides or allows to determine the date of its execution or the period of time during which it must be performed, the obligation shall be executed on this day or, respectively, at any time within such a period.
2. In cases where the obligation does not provide for the date of its performance and does not contain conditions that allow to determine this period, it must be fulfilled within a reasonable time after the occurrence of the obligation.
Obligations not fulfilled within a reasonable time, as well as obligations, the fulfillment time of which is determined by the moment of demand, the debtor is obliged to fulfill within seven days from the day the creditor submits a claim for its fulfillment, if the duty of performance in another term does not follow from the law obligations, business practices or the substance of the obligation.
Article 315. Early fulfillment of an obligation.
The debtor is entitled to perform the obligation before the deadline, unless otherwise provided by law, other legal acts, or the terms of the obligation, or does not follow from its essence. However, premature fulfillment of obligations related to the conduct of business by its parties is allowed only in cases where the opportunity to fulfill the obligation before the deadline is provided for by law, other legal acts or conditions of the obligation or follows from the customs of business turnover or the substance of the obligation.
Article 316. Place of performance of obligation.
If the place of performance is not determined by law, other legal acts or a contract, it does not appear from the customs of business turnover or the nature of the obligation, the execution must be made:
under the obligation to transfer a land plot, building, structure or other immovable property - at the location of the property;
under the obligation to transfer the goods or other property providing for its transportation - at the place of delivery of the property to the first carrier for delivery to the creditor;
for other obligations of the entrepreneur to transfer goods or other property - at the place of manufacture or storage of the property, if this place was known to the creditor at the time the obligation arose;
on a monetary obligation - at the place of residence of the creditor at the time of the occurrence of the obligation, and if the creditor is a legal entity - at the place of its location at the time of the occurrence of the obligation; if by the time of performance of the obligation the creditor has changed his place of residence or location and notified the debtor of this, in a new place of residence or location of the creditor, with the charge to the creditor’s expense associated with changing the place of performance;
for all other obligations - in the place of residence of the debtor, and if the debtor is a legal entity - in the place of its location.
Article 317. Currency of monetary obligations.
1. Monetary obligations must be expressed in rubles (Article 140).
2. A monetary obligation may stipulate that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional money units (ecu, “special drawing rights”, etc.). In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conditional monetary units on the date of payment, unless a different rate or other date for determining it is established by law or by agreement of the parties.
3. The use of foreign currency, as well as payment documents in foreign currency when making settlements on the territory of the Russian Federation for obligations, is allowed in cases, in the manner and on the conditions determined by law or in the procedure established by it.
Article 318. An increase in the sums paid for the maintenance of a citizen.
The amount paid on the monetary obligation directly to the maintenance of a citizen: in compensation for harm caused to life or health, under a contract of life maintenance and in other cases - is indexed taking into account the level of inflation in the manner and cases provided by law.
Article 319. The order of repayment of claims for a monetary obligation.
The amount of the payment made is not sufficient for the fulfillment of the monetary obligation in full, unless otherwise agreed, repays primarily the costs of the creditor for obtaining the performance, then the interest, and in the remaining part the principal amount of the debt.
Article 320. Fulfillment of an alternative obligation.
The debtor who is obliged to transfer to the creditor one or other property or to perform one of two or more actions belongs to the right of choice, unless otherwise provided by law, other legal acts or the terms of the obligation.
Article 321. Fulfillment of an obligation in which several creditors or several debtors participate.
If several creditors or several debtors take part in the obligation, each of the creditors has the right to demand performance, and each of the debtors is obliged to fulfill the obligation in equal proportion with the others, since the law, other legal acts or conditions of the obligation do not follow otherwise.
Article 322. Joint obligations.
1. A joint obligation (liability) or a joint demand arises if the joint obligation or requirement is provided by the contract or established by law, in particular if the subject of the obligation is indivisible.
2. The obligations of several debtors for an obligation related to business activities, as well as the claims of several creditors in such an obligation, are joint and several, unless otherwise provided by law, other legal acts or the terms of the obligation.
Article 323. The rights of the creditor in the event of a joint and several obligation.
1. With the joint obligation of the debtors, the creditor is entitled to demand the fulfillment both of all the debtors jointly, and of any one of them individually, and moreover, both fully and in part of the debt.
2. A creditor who has not received full satisfaction from one of the joint debtors shall have the right to demand that which is not received from the other joint debtors.
Joint and several debtors remain obliged until the obligation is fully discharged.
Article 324. Objections to the creditor’s claims in the event of a joint duty.
In the case of a joint and several obligation, the debtor shall not have the right to raise objections against the creditor’s claim, based on such relations of other debtors with the creditor in which the debtor does not participate.
Article 325. Fulfillment of a joint duty by one of the debtors.
1. Fulfillment of a joint duty fully by one of the debtors relieves the remaining debtors from execution to the creditor.
2. Unless otherwise arising from the relationship between joint and several debtors:
1) a debtor who has fulfilled a joint and several obligation has the right of recourse to other debtors in equal shares minus the share falling on him;
2) unpaid by one of the joint debtors to the debtor who has discharged the joint and several obligation falls in equal share on this debtor and on the other debtors.
3. The rules of this Article shall apply accordingly when the joint obligation is terminated by offsetting the counterclaim of one of the debtors.
Article 326. Solidarity requirements.
1. In case of solidarity, the claims of any of the joint creditors shall have the right to make a claim to the debtor in full.
Until a claim is submitted by one of the joint creditors, the debtor has the right to fulfill the obligation to any of them at its discretion.
2. The debtor shall not have the right to make objections against the request of one of the joint creditors, based on such relations of the debtor with another joint creditor, in which this creditor does not participate.
3. Fulfillment of an obligation fully to one of the joint creditors frees the debtor from performance to the other creditors.
4. The joint and several creditor who has received the execution from the debtor shall be obliged to reimburse owed to other creditors in equal shares, unless otherwise following from the relations between them.
Article 327. Fulfillment of an obligation by depositing a debt.
1. The debtor shall have the right to deposit money or securities due from him to the notary’s deposit, and in the cases established by law to the court’s deposit - if the obligation cannot be discharged by the debtor due to:
1) the absence of the creditor or the person authorized by him to accept performance in the place where the obligation must be discharged;
2) the incapacity of the creditor and the absence of his representative;
3) the apparent lack of certainty about who is the creditor of the obligation, in particular in connection with the dispute on this issue between the creditor and other persons;
4) the creditor’s evasion of accepting a performance or other delay on his part.
2. The deposit of a sum of money or securities in a deposit of a notary or a court shall be considered the fulfillment of an obligation.
The notary or the court, in whose deposit money or securities are deposited, notifies the creditor thereof.
Article 328. Counter-performance.
1. The fulfillment of an obligation by one of the parties, which, in accordance with the contract, is conditional upon the fulfillment of its obligations by the other party, is recognized as counter.
2 claim damages.
If the fulfillment of the obligation stipulated by the contract has not been fully performed, the party on which the counter execution lies is entitled to suspend the performance of its obligation or refuse to perform in the part corresponding to the unrepresented performance.
3. If the counter fulfillment of an obligation is made, despite the failure of the other party to provide the performance of its obligation stipulated by the contract, this party shall provide such performance.
4. The rules provided for by paragraphs 2 and 3 of this article shall apply, unless otherwise provided by a contract or law.
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