Agreement on the termination of obligation by transferring indemnity: content and special features

In order to ensure stable law enforcement, it is important have a correct interpretation of the functions institution indemnity and unified approaches implementation mechanism for concluding executing an agreement on transfer indemnity. The legal nature indemnity, its special properties significance in construction termination obligation by been investigated. It has emphasized that function record parties’ terminate principal this way, as well explained peculiarity combination features law-establishing law-terminating fact, since both gives rise additional rights obligations parties serves original result execution i.e. debtor creditor.
 suggested content between creditor which concluded compliance with requirements current legislation, allows distinguishing from related institutions obligations, determining relations case disputes. For example, debt forgiveness fact presented form transaction does not create debtor, novation, unlike provide binding relationship parties, but rather preservation such modified form.
 Attention also drawn inadmissibility entering into third who are obligation. Thus, based solely will their mutual all essential terms transfer, excludes any participation party decision way.