Forgiving a debt, or forgiving it, is the debtor's release by the creditor from the obligation to pay money, transfer his property or perform some kind of work. According to article 415 of the Civil Code of the Russian Federation, any person who thereby implements the principle of exercising his civil rights has the right to refuse a debt.
Instructions
Step 1
According to paragraph 2 of Article 423 of the Civil Code of the Russian Federation, refusal (forgiveness) of a debt is a gratuitous transaction that does not imply any kind of counter obligation on the part of the debtor. That is why the forgiveness of the debt of innovation and compensation cannot be equated. Novation and compensation presuppose that the debtor agrees to establish a new obligation or performance, and the creditor, in response, waives the right to claim the initial performance of the contract from the debtor.
Step 2
Debt forgiveness is a unilateral transaction, that is, the creditor does not have to require consent from the debtor. This is how forgiveness of debt differs from giving. Article 572 of the Civil Code of the Russian Federation states that, under a donation agreement, the owner of the property releases the person being gifted from property obligations to third parties. And with forgiveness, the matter concerns only the debtor and the creditor.
Step 3
The above distinction is necessary in order to determine the conditions for the reliability of the transaction, since the donation agreement has several restrictions related to property rights that are donated.
Step 4
The waiver of debt, regulated by Article 415 of the Civil Code of the Russian Federation, does not relieve the creditor who has forgiven the debt with a bilateral obligation from his obligations to pay money and provide property. Mutual debt forgiveness needs to be done for a bilateral commitment to end. According to him, each party releases the other from the fulfillment of obligations.
Step 5
The creditor, who himself has debt obligations, cannot forgive the debt to his debtor, since this actually reduces his property, which in turn violates the rights of other persons, namely his creditors. But this rule does not apply to the forgiveness of obligations to pay alimony or compensation for harm to health or life.
Step 6
Upon receipt of the inheritance, the recipient of the property can refuse the debts of the testator only together with the refusal of the property itself. This is evidenced by Articles 323 and 1175 of the Civil Code of the Russian Federation. But there is nothing special to be afraid of - the heir is responsible for the debts only within the framework of the accepted property, he will not have to give anything of his own.
Step 7
Denial of debt must be explicit. The property accepted as payment for part of the debt is not returned if it was accepted before the announcement of forgiveness.
Step 8
The documents for formalizing debt forgiveness should indicate what is forgiven, what is the amount of debt (list of property, services, amount of money), what are the reasons for the debt. The document can be called like this: "Notice of debt forgiveness." The grounds for forgiveness should be indicated in article 415 of the Civil Code of the Russian Federation.
