Prevention of the Right Abuse by the Parties Involved in Legal Relations When Obligation Performance is Deligated to the Third Party

Abstract

The RF Civil Code reform has entailed major changes in the legal regulation of property relations. New rules concerning performance of obligations by third parties, which increased the imbalance of interests of the debtor, creditor and third parties, have emerged. Negative effects of changes in the rules regulating performance of obligations by third parties are also evident in the fact that the provisions of Article 313 of the RF CC are inconsistent with the other rules set forth in the articles of the RF CC, which does not improve the legal regulation of civil relations. Based on the analysis of provisions of Article 313 of the RF Civil Code, the author concludes that the rules concerning performance of an obligation by a third party permits unscrupulous participants to abuse their rights. Exercising the rights granted to them under Article 313 of the RF Civil Code, the debtor and third parties may violate the general limits of exercising civil rights stipulated in civil law. If the abuse of the right results in violation of another person's right, the latter is entitled to resort to the means of protection available to him. Making the decision, the courts recommend to assume that, by reinforcing the creditor's duty to accept performance from a third party in cases enumerated in Parts 1,2 Article 313 of the RF Civil Code, the law-maker acted in the interest of the creditor. Principles applied in the civil law suggest that in cases where the law allows third parties to participate in the parties' relations at the will of one of them without asking for the consent of the other, all the consequences of such interference are admissible if the interests and expectations of the other party are not violated. The only way to ensure that the rights and interests of the person violated by third parties' intervention are protected in this case is to claim actions undertaken by any participant of those relations unscrupulous and associated with the abuse of right.