Solidary Plurality of Creditors under Russian Law in Historical and Comparative Legal Contexts

Abstract

The article discusses the concept of a solidary plurality of creditors, analyzes the criterion for building this institution, and explores alternative models of regulation. According to the author, the idea that the institution of solidary creditors is based on trust is erroneous: as a general rule, the construction should be based on the criterion of the joint nature of the activities of co-creditors (cooperation), their homogeneous legal status, as well as the need to protect the debtor from the internal relations of creditors. The author also comes to the conclusion that the regulation of the solidary plurality of creditors, built according to the “mirror” model with the solidary plurality of debtors, is erroneous. The author compares the solidarity plurality of creditors with shared and joint plurality. The opinion that share obligations are separate independent obligations, the author considers erroneous, since the individual parts of the share obligation are connected by a single legal basis, focusing on the same interest. The author emphasizes that there is no need to introduce a joint plurality of creditors into Russian law, since, firstly, indivisible obligations are fully covered by the solidary plurality of creditors, and secondly, such a general effect can be established by agreement of the parties.