Certain features of the dynamics of obligations with the participation of third parties

The article is analyzing the distinctiveness of the dynamics of an obligation, in which, besides parties, other entities (third parties) participate, as well as theoretical questions regarding such a complication of the obligation's structure. The article covers the specifics of the fulfillment of obligations by a third party; specifics of the legal status of a third party in a contract concluded to benefit him; specifics of participation of a third party in restitution between contracting parties. In the paper the authors conclude that a third party cannot use electronic money to fulfill the monetary duty of a debtor, and there is no unconditional obligation on the creditor's side to accept such performance, since proper performance implies the transfer of a particular subject matter and using the mode of performance parties agreed on. Moreover, the creditor may not have the technical means to accept the third party's performance. In the article the authors conclude that provisions of Paragraph 5, Article 313 of the Civil Code of the Russian Federation, which regulates the transfer of creditor's rights to a third party after the performance has been made by a third party, are incorrect. This incorrectness applies both to the general rules for the performance of the obligation by a third party, and to the specific situations covered in Paragraph 5, Article 313 of the Civil Code of the Russian Federation. The creditor in the contract to a benefit of a third party has the right to demand the performance of the contract from the debtor, since, despite the transfer of some contractual rights (right of the demand of a performance) to a third party, this right, although in a different form, is still held by the creditor. The possibility of demanding the performance of an obligation in favor of a third party by the creditor is also allowed by foreign law. Since the moment of expressing an intention to obtain the right under the contract the third party becomes a quasi-creditor in the obligation, while not impairing the rights of the creditor. Since restitution is a non-contractual obligation according to which one party (creditor) has the right to demand transfer of the performed transaction, and the second party (debtor) carries a corresponding obligation to return the performance made by the creditor, a third party can participate in this obligation. But, such participation is limited to cases of compensatory restitution, the subject matter of which is money - a special object of civil rights and has an absolute substitutability, and the debtor's personality in monetary obligations doesn't matter to the creditor. A third party may, either on their own initiative or in the execution of an assignment, fulfill the restitution.

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