GROUNDS AND CONDITIONS FOR APPLICATION TO SUBSIDIARY LIABILITY

Abstract

In the article the grounds and conditions for bringing to subsidiary liability, as well as the main aspects of its implementation, taking into account the problems of law enforcement practice, were defined.It is established that subsidiary (additional) liability as a special type of civil liability, which can be applied in the field of both contractual and tortious obligatory legal relationships, occurs in cases provided for by the contract or law in the event of non-fulfillment or improper fulfillment of obligations by the main debtor, his refusal, absence or insufficiency of his property for this, in which case the obligation, in whole or in part, is assigned to the subsidiary (additional) debtor.In this case, the principal debtor remains liable for its obligations, and the subsidiary debtor is It is substantiated that the totality of general conditions of civil liability (illegal behavior, the presence of harm, the causal relationship between the illegal behavior and the harm caused, the fault of the person) in most cases is not important for the imposition of subsidiary liability, the variety of cases of application of which determines the specifics of the grounds and conditions of subsidiary liability.It is concluded that the grounds for applying subsidiary liability are: the existence of a legal connection between the principal and subsidiary debtor; the existence of a legal relationship between the principal debtor and the creditor; failure to fulfill or improper fulfillment of an obligation by the principal debtor or the commission of a civil offense by him. In this case, subsidiary liability may be applied in the following conditions: prior presentation of demands by the creditor to the principal debtor for the fulfillment of the obligation; refusal of the principal debtor to satisfy the creditor’s demand or failure of the creditor to receive a response from the principal debtor to the demand presented within a reasonable time; insufficient assets of the principal debtor to satisfy the creditor’s demands.