/ / Enforcement of obligations and methods of implementation of property guarantees

Ensuring fulfillment of obligations and ways of implementing property guarantees

Many civil law relationsemerging between the subjects of economic relations are binding. Each party has the right to insist on the fulfillment of the terms of the contract, but does not have the right to enforce certain actions.

Obligations arise both among citizens andamong organizations. They mediate relations in various spheres: production, business, distribution and exchange. Enforcement of obligations arises from contracts of sale, transportation, delivery, capital construction and others.

Citizens create a binding legal relationshipwith enterprises in consumer services, retail sale, transportation of baggage and passengers, use of residential premises, etc. In developing market relations, such services can also be provided by private entrepreneurs.

Обязательственные отношения также могут arise as a result of issuing powers of attorney, gifts, loans, etc. In addition, it should be noted that obligations may arise not only from contracts, but also because of other legal grounds. For example, these may be administrative acts, unilateral transactions, injury, and other actions that give rise to rights and obligations.

Enforcement of obligationsset to strengthen contractual discipline. Some property guarantees of implementation are being created - this is a pledge, penalty, deposit, surety, retention of property and a bank guarantee.

A pledge is a transfer of the debt side of the contract to the creditor of a part of his property until he fulfills his obligations. The use of such guarantees is known for pawnshops, banks, etc.

surety as a way to enforce an obligation

Penalty is enforcement.obligations, in which the contract prescribes a certain amount of money that the principal is obliged to repay in the event of improper performance of debt obligations. Usually such a penalty is set for delay.

A deposit is the amount of money that the debtor pays on account of the payments related to the contract, which is proof of the fulfillment of the conditions.

enforcement of obligations

Surety as a way to enforce executionobligations, is a contract in which the guarantor vouchsides to the creditor for another person and the execution of the debt terms of the contract. The meaning of such a guarantee is that the lender has an additional opportunity to receive money not only from the debtor, but also from the guarantor himself.

enforcement of contractual obligations

The retention of property is the enforcement of contractual obligations, in which the creditor has the right to retain the property until the debtor pays the entire amount under the contract.

Bank guarantee is a writtenthe obligation for which the bank (also another credit or insurance organization), which is the guarantor, pays a certain amount to the creditor in case the latter submits a written demand to pay the required amount of money.

Enforcement of obligations is an additional guarantee for the lender, which helps to prevent or reduce the negative consequences of the incorrect implementation of the transaction.