THE CONCEPT OF TERMINATION OF AN OBLIGATION

It is said in the article that for the purpose of dynamics of an obligation, the final stage of which being its termination, the individualization of any obligation is done at the expense of its content. Only the existence of a definite right and the duty corresponding to this right makes it possible to separate this obligation from the whole totality of legal relations between the parties. The author comes to the conclusion that termination of obligation means an absolute cancelation of relationship between a particular right and its corresponding duty. The cancelation of the above legal relationship is not always connected with fulfilment of the obligation. The latter can be discontinued irrespective of the attainment of an economic goal of an obligation and its legal result. An obligation can be discontinued in case of defects in its other elements - in the parties to a legal relationship or its object. It has been stated that the individualization of the right and a subjective duty arises not only by virtue of its content but at the expense of the subjects on the part of a debtor and a creditor and at the expense of the object of an obligation. Alongside this, the defect in any element of an obligation results in the termination of this obligation if such a defect breaks the connection of a particular right with its corresponding duty. It is noted that the construction of a partial termination of an obligation existing in current legislation is based on the false approach to the understanding of the essence of a terminated obligation because in this case there is no absolute termination of legal relationship. It is proved that there is no and cannot be any partial termination of an obligation as it is inconsistent with the essence of it. As to the dynamics of a civil obligation there can be only fulfillment of a definite part on an obligation (a partial fulfillment) but not a partial termination of an obligation. A partial fulfilment of an obligation derives from the mode of fulfillment which can be expressed in one or several particular methods of fulfillment, some of them being formed on a definite stage of obligation fulfillment.