Актуальні питання цивільно-правової відповідальності третіх осіб за порушення покладених на них обов’язків боржника

Abstract

The article is devoted to the study of the legal aspects of civil liability of third parties for breach of the debtor’s duties. Attention is paid to the relevance of the chosen topic for research. In particular, according to the analysis of the legal literature, in the Soviet period when studying the issue of direct liability of third parties to creditors in each case as third parties it was not only the participants who are responsible for the debtor, but also participants who acted counterparties of the debtor. In this case, given the criteria to be followed in determining third parties in civil law in the study of this type of liability should primarily proceed from the understanding of third parties as participants in civil turnover, who are in a legally significant legal relationship with one of the main obligations. It is emphasized that, as a rule, a third party bears civil liability for the breach of the debtor’s obligation not to the creditor, but to the debtor. Only as an exception to the rule can a third party in the case in question be directly liable to the creditor. These are cases that are stipulated by law or contract. Considerable attention is also paid to the analysis of the legal nature of the contract as one of the grounds on the occurrence of which it is possible direct liability of a third party to the creditor. It is concluded that such an agreement should be multilateral in nature. In particular, in addition to a third party, its subjects must also be the debtor and the creditor of the principal obligation.