SUBJECTS OF SUBSIDIARY LIABILITY

Abstract

In the article the subjects of subsidiary liability and the features of their legal personality, taking into account law enforcement practice, were defined.It is established that subsidiary (additional) liability, as a special type of civil liability, implies the obligation to suffer negative consequences for a legal entity arising from non-fulfillment or improper fulfillment of obligations or violation of the provisions of the law not by him directly, but by another entity that is in different legal relations with the violator. The additional nature of subsidiary liability means that before presenting a claim to the person bearing subsidiary liability, the creditor must present a claim to the principal debtor.It is substantiated that subjects of subsidiary liability may be individuals, legal entities, the state, which are obligated by law or contract to be responsible for the actions of persons who are connected with them by a specific legal relationship. At the same time, in order to be a subject of subsidiary liability, a person must have legal personality, which is defined by the legally guaranteed opportunities to be a bearer of rights and obligations, to acquire, use and fulfill them. The legal prerequisite for the performance of obligations by a subsidiary debtor is not tortious capacity, but his legal capacity and capacity to act. It is concluded that the subjects of legal relations within which subsidiary liability may be applied are: the creditor, who is the active party entitled to demand fulfillment of the obligation; the principal debtor, the obligated party under the principal obligation; the subsidiary debtor, the passive party potentially ready to replace the principal debtor in the event of failure to fulfill or improper fulfillment of the obligations assumed by him and to satisfy the creditor’s demand.At the same time, the subject of subsidiary liability is only the subsidiary debtor, since it is he who is responsible for satisfying the creditor’s demand in the event of failure to fulfill or improper fulfillment of the obligation by the principal debtor.