Subjects of subsidiary obligations

The article deals with the subjects of subsidiary obligations. A subsidiary obligation is a relative civil legal relationship of a protective character in the form of which subsidiary liability is realized. Some problems of legal regulation of the status of subsidiary liability are given on the basis of the norms of current civil legislation and theoretical models connected, in particular, with the subsidiary liability of the people wanting legal capacity. Civil legislation doesn't contain general prohibitions or orders with regard to any category of the civil law subjects. This doesn't imply the possibility of resting subsidiary liability on any person. Substantive relations create subsidiary liability. In other words, not the possibility to be brought to subsidiary liability is important for being a subject of subsidiary obligations but the possibility to be the subject of principal legal relationship. Law restricts the rights of juveniles in the sphere of civil circulation, legal representatives compensate for their legal capacity. But there are some exceptions from the rule in civil legislation. The study of the rules of the Civil Code of the Russian Federation where some specific cases of subsidiary liability connected with the participation of legal entities are enshrined showed that both juveniles at the age of 14-18 and minors under 14 can be the subjects of subsidiary obligations. Such cases are stipulated in the provisions on cooperatives where membership is possible from the age of 14; on full partnership where it is possible to acquire the entrepreneur status from the age of 14 and without obligatory emancipation; in economic societies in relation to the possibility to get corresponding shares or stock certificates e.g. hereditably.

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