Change of Persons in Obligation: Modern Problems of Theory, Legislation and Judicial Practice

Graduation qualifying work is devoted to the topic "The change of persons in the obligation: the current problems of theory, legislation and judicial practice." The first chapter of the work is devoted to the definition of changes in the obligation, the study of the legal nature of the change of persons in the obligation on the basis of the law and agreement, the issue of admissibility of making changes in the obligation is also studied. According to the results of the first chapter, the conclusions about the advantage of the recognition of the cession agreement and the transfer of debt abstract transaction, established, on the restriction of the admissibility of the changes in the obligation in connection with the subject and the substance of the obligation were made. In the second chapter, the issues of the being and legal characteristics of the assignment of the right claim are considered, the legal consequences of the credit replacement in the obligation are analyzed. In the outcome on the chapter proposed ways of leveling risks arising from replacement of the creditor committee. The third chapter examined the legal regulation and the ratio of translation and the transfer of debt, the chapter made an analysis of the legal problems of the contract transfer, in particular the ratio of the transfer of the contract with the variability of persons in the obligation. Based on the analysis produced in the third chapter, the conclusions about the presence of legal gaps in regulating the replacement of the debtor and the transfer of the contract are made.