Grounds for fulfilling obligations by depositing a debt with a notary
Abstract
Relevance. The article analyzes the provisions of Russian civil legislation that determine the legal regime for the fulfillment of obligations by depositing a debt into a deposit. The author presents a comparative analysis of general and special grounds, differentiates their generic and specific affiliation in the system of grounds for the fulfillment of obligations by depositing a debt into a deposit.The purpose of the study was to create a systematic dogmatic and practical understanding of the grounds for the fulfillment of obligations by depositing a debt into a notary's deposit, taking into account the current Russian legislation and the legal nature of this method of fulfilling civil obligations.Objectives: to determine the general and identify special grounds establishing the possibility of fulfilling obligations by depositing a debt into a notary's deposit, to determine their relationship with the general grounds established by the Civil Code of the Russian Federation.Methodology. In the process of the research the following were applied: the method of the system approach, methods of analysis and synthesis, dogmatic-legal method, interpretation of legal norms, etc.The results of the research are of a theoretical and applied nature, aimed at improving the quality of law enforcement in the sphere of fulfillment of obligations by depositing a debt into a notary's deposit, as well as preventing cases of acceptance by a notary of funds and securities into a deposit in violation of the law, which, as a consequence, entails the violation of the legal rights and interests of creditors.Conclusions. The debtor has the right to deposit funds or securities due from him into a notary's deposit only in cases established by a normative legal act having the force of federal law, therefore the use of a notary's deposit as a method of fulfilling an obligation is not included in the boundaries of the absolute autonomy of the debtor's will in fulfilling the obligation, and only the law can provide him with such an alternative, forming the good faith of his behavior. In cases where the deposit of funds or securities into a notary’s deposit is a legally established obligation and not the right of the debtor, the autonomy of his will is completely excluded.
Fields of Study & Subjects
Legal principles and applications
Comparative International Legal Studies
Corporate Insolvency and Governance
Publication details
- Journal / source
- Proceedings of the Southwest State University Series History and Law
- Volume
- 15
- Issue
- 6
- Pages
- 54–68
- Publication date
- 28 January 2026
- Language
- EN