The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 26. The Termination of Obligations
Article 407. The Grounds for the Termination of Obligations
1. The obligation shall be terminated in full or in part on the grounds, stipulated by the present Code, by the other laws and the other legal acts, or by the contract.
2. The termination of the obligation upon the claim of one of the parties shall be admitted only in the cases, stipulated by the law or by the contract.
Article 408. The Termination of the Obligation by the Discharge
1. The proper discharge shall terminate the obligation.
2. While accepting the discharge, the creditor shall be obliged, upon the debtor's claim, to give him a receipt for accepting the discharge in full or in the corresponding part thereof. If the debtor has issued to the creditor a promissory document to certify the obligation, the creditor, while accepting the discharge, shall be obliged to return it, and in case it is impossible to return the said document, he shall be obliged to indicate this in the receipt he issues. The receipt may be replaced by an inscription made on the returned document. The debtor's custody of the promissory document shall certify the termination of the obligation, unless otherwise proved.
If the creditor refuses to issue the receipt, to return to the debtor the promissory document, or to indicate in the receipt that it is impossible to return it, the debtor shall have the right to delay the discharge. In these cases, the creditor shall be regarded as having delayed it.
Article 409. The Indemnity
By an agreement between the parties, the obligation may be terminated by way of paying an indemnity instead of the discharge (the payment of money, the transfer of the property, etc.). The amount, the term and the procedure for paying the indemnity shall be established by the parties.
Article 410. Termination of the Obligation by an Offset
The obligation shall be terminated in full or in part by offsetting a similar claim of regress, whose deadline has arrived or has not been fixed, or has been defined by the moment of the demand. For the offset, the application from one of the parties shall be sufficient.
Article 411. The Cases of the Offset Being Inadmissible
Inadmissible shall be the offset of the claims:
- if, by the application of the other party, the term of the limitation of actions shall be applicable to the given claim, and the said term has expired;
- for the compensation of the harm, inflicted to the life or to the health;
- on the exaction of the alimony;
- for the life maintenance;
- in the other cases, stipulated by the law or by the contract.
Article 412. The Offset in the Cession of the Claim
In case of the cession of the claim, the debtor shall have the right to offset against the claim of the new creditor his own claim of regress against the primary creditor.
The offset shall be effected, if the claim has arisen on the grounds, which have existed by the moment of the debtor's receipt of the notification about the cession of the claim, and if the deadline of the claim has set in before its receipt or if this deadline has not been indicated or defined by the moment of the demand.
Article 413. Termination of the Obligation by the Debtor and the Creditor Coinciding in One Person
The obligation shall be terminated in case the debtor and the creditor coincide in a single person.
Article 414. Termination of the Obligation by the Novation
1. The obligation shall be terminated by an agreement between the parties on replacing the primary obligation, which has existed between them, with another obligation between the same persons, stipulating a different object or a different way of the discharge (the novation).
2. The novation shall not be admissible with respect to the obligations on the compensation for the harm, inflicted to the life or to the health, and also with respect to those on the alimony.
3. The novation shall terminate the additional liabilities, connected with the primary obligation, unless otherwise stipulated by the agreement between the parties.
Article 415. Forgiving the Debt
The obligation shall be terminated by the creditor's absolving the debtor from the obligations, borne by him, if this does not violate the rights of the other persons with respect to the creditor's property.
Article 416. Termination of the Obligation Because of the Impossibility to Discharge It
1. The obligation shall be terminated because of the impossibility to discharge it, caused by the circumstance, for which neither of the parties is answerable.
2. In case of the impossibility for the debtor to discharge the obligation because of the faulty actions of the creditor, the latter shall not have the right to claim the return of what he has discharged by the obligation.
Article 417. Termination of the Obligation on the Grounds of an Act, Issued by the State Body
1. If as a result of an act, issued by the state body, the discharge of the obligation has become impossible in full or in part, the obligation shall be terminated in full or in the corresponding part. The parties, which have suffered losses as a result of this, shall have the right to claim their compensation in conformity with Articles 13 and 16 of the present Code.
2. In case the act, issued by the state body, on whose grounds the obligation has been terminated, is recognized as invalid in conformity with the established procedure, the obligation shall be restored, unless otherwise following from the agreement between the parties or from the substance of the obligation and unless its discharge has lost all interest for the creditor.
Article 418. Termination of the Obligation with the Citizen's Death
1. The obligation shall be terminated with the death of the debtor, if it cannot be discharged without the debtor's personal participation, or if it is indissolubly linked with the debtor's personality in any other way.
2. The obligation shall be terminated with the death of the creditor, if its discharge is intended personally for the creditor, or if the obligation is indissolubly linked with the creditor's personality in any other way.
Article 419. Termination of the Obligation with the Liquidation of the Legal Entity
The obligation shall be terminated with the liquidation of the legal entity (the debtor or the creditor), with the exception of the cases, when the law or the other legal acts impose the discharge of the obligation of the liquidated legal entity upon the other person (by the claims for the compensation of the harm, caused to the life or to the health, etc.).
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