Separate Problems of Practical Application of the Norms of Law Containing Accessory Obligations
( Pp. 18-23)

Abstract: This article examines the law enforcement practice, the application of legal norms containing accessory obligations. The relevance of the topic of the article is determined by the fact that the terms "accessory" and "accessory obligation" are not used in Russian legislation. In this connection, the analysis of the concept and essence of accessory obligations can be based, inter alia, on the doctrinal interpretation of the concept in question, its historical and legal roots, as well as its use in a particular context in the acts of national judicial authorities. The acts of the higher courts, law enforcement practice are considered. Conclusions are drawn: The precedent created by the definition of 14.06.2016 No. 308-ES16-1443 in case No. A61-2409/2010 has not yet been extended by analogy to similar legal relations in which the main obligation is terminated or changed regardless of the will of the creditor, by virtue of the law. Contradictory judicial arbitration practice exacerbates the original problem – the absence, both in legislation and in judicial practice itself, of a definition and signs of an accessory obligation. At the same time, it should not be denied that it is judicial practice that will largely fill the existing niche today, which has become a consequence of the incompleteness of legislative regulation.

Tsukanova E.Yu., Trukhan R.P. Separate Problems of Practical Application of the Norms of Law Containing Accessory Obligations // Gaps in Russian Legislation. 2023. Vol. 16. №7. Pp. 018-023. (in Russ.). EDN: RNWQUX

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accessory, court, legal relations, lawmaking, self-regulation, compensation fund, provision, arbitration practice..