Commentary to article 286. Fulfillment of an obligation involving several creditors or several debtors of the Civil Code of the Republic of Kazakhstan
In a civil law obligation, there are usually two parties - the debtor and the creditor. However, there may not be one person on each side, but two or more. In these cases, they speak of a plurality of persons in the obligation. When several creditors and one debtor participate in an obligation (plurality on the creditor's side), we are talking about obligations with an active plurality (for example, several people buy a house on the right of common ownership from one seller). When there are several debtors and one creditor in an obligation (plurality on the debtor's side), there is an obligation with a passive plurality (for example, several people sell a house to one buyer). There may also be an obligation with a mixed plurality (for example, when several sellers sell a house to several buyers).
With a plurality of persons, equity and solidarity obligations are distinguished. The commented article establishes as a general rule a shared obligation and a shared requirement, and proceeds from the principle of equal share. For example, in obligations with an active plurality (several creditors - one debtor), as a general rule, each creditor has the right to demand an equal share from the debtor. A creditor who has received his part of the performance (in the above example, who has settled in his part of the house) is discharged from the obligation, but the debtor continues to bear obligations to other creditors (to release the remaining parts of the house for settlement). In obligations with a passive plurality (one creditor - several debtors), the debtor who has fulfilled his part of the obligation (vacated the part of the common house where he lived) also leaves the obligation, but the latter remains in terms of the fulfillment of duties by other debtors (vacating those parts of the house where they live). Thus, neither the creditor has the right to make any claims against the debtor who has fulfilled the obligation regarding non-fulfillment by other debtors; nor the debtor who has fulfilled part of the obligation to one creditor is not obliged to account for why he does not fulfill the other creditors. Moreover, unless otherwise specifically agreed, it is assumed that all shares are equal (in this case, all parts of the house and, accordingly, the payment for them).
Another procedure, which may be established by law or contract, may relate to two points: the application of the principle of solidarity (for example, Article 287 of the Civil Code) and consolidation in unequal shares (for example, when owners sell a house, each share of which is unequal).
Here are some of the most typical examples of equity obligations:
1) obligations to reimburse expenses in proportion to the shares in the property in the joint venture agreement (art. 231 of the Civil Code);
2) liability of depositors in a limited partnership, participants in a limited liability partnership, a partnership with additional liability, a joint-stock company (Articles 72, 77, 84, 85 of the Civil Code).
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
