RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 11, 2020 No. 6

About some questions of application of provisions of the Civil code of the Russian Federation of discharge

For the purpose of ensuring unity of practice of application by courts of provisions of the civil legislation on discharge the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

1. The obligation stops fully or partially on the bases provided by the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), other laws, other legal acts or the agreement (Item 1 of article 407 Civil Code of the Russian Federation). The list of the bases of discharge is not closed therefore the parties can in the agreement provide the basis of the termination of the obligation which is not mentioned in the law or other legal act and to stop both the contractual, and non-contractual obligation, and also to determine effects of its termination if other is not established by the law or does not follow from being of the obligation (Item 3 of article 407 Civil Code of the Russian Federation).

The bases of the termination of the obligation can how to be the unilateral transaction (for example, the statement for offsetting) or the agreement (for example, provision and acceptance of compensation), not to depend on will of the parties (in particular, the termination of the obligation based on the act of public authority or local government body).

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