On the problem of the system of grounds for termination of obligations

The article states that the interest of creditors in an obligation can be changed at any stage of its development. Such changes may arise because of the processes both outside the obligation (external factor) and in it (internal factor). Attainment of the economic aim formed in the course of changing conditions of the obligation is essentially important for the purpose of dynamics of the obligation and realization of the transformed interest of a creditor. This means that estimation of the performance of an obligation will be given from the position of correspondence of this performance to those conditions which were formed at the stage of transformation of a property interest of a creditor. The author determines the possibility of the existence of such situations when the influence of external and internal factors will result in the transformation of a creditor's interest in the obligation and the economic aim will drop out. The elimination of this economic aim can be connected with the changes of the interest when such changes affect all essential elements of the obligation. In contrast to the obligations the termination of which is connected with the elimination of an economic aim, there are obligations the termination of which is caused by the impossibility to attain the economic aim because of the reasons which are not connected with a creditor's interest. The author comes to the conclusion that the economic aim of the obligation is in the center of the system of the grounds for termination of obligations and separates three basic groups of the grounds for termination of obligations. The first group comprises the grounds for termination connected with the attainment of an economic aim: performance of the obligation, provision of compensation for release from obligation and offsetting of homogeneous counter claims. The second group includes the grounds for termination of obligations connected with the elimination of an economic aim: novation, debt forgiveness, agreement of parties (as a standalone ground for termination of obligation), court decision and a unilateral non-performance of a contract (obligations). The third group comprises the grounds for termination of obligations connected with the impossibility to attain an economic aim: impossibility of the performance of obligations, forfeiture of the irreplaceable subject of the performance of obligations, confusion of debts (confusion), death of a citizen, liquidation of a legal entity and publication of acts of state bodies.

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