Entrusting the performance of the obligation by the debtor to a third party: grounds and legal consequences


  • O.Ya. Kuzmych


obligations; performance of the obligation; third person; contract; consent; invalidity of the contract


This article is devoted to one of the forms of participation of third parties in the fulfillment of obligations, namely, entrustment. This form of participation of third parties in the fulfillment of obligations has its own characteristics, one of which is the reason for its occurrence. However, as evidenced by the analysis of law enforcement practice, it is not always taken into account by the participants in the civil turnover, in connection with which problems arise regarding the proper qualification of such obligations and their relationship with other related ones. As a result, these issues became the subject of attention within the scope of this scientific article.
The article analyzes the peculiarities of the legal regulation of enforcement, their peculiarities, as well as the contract as a basis for their occurrence.
As a result, it was concluded that in order to protect the rights and interests of both third parties and the parties to the main obligation, the contract, which mediates the debtor’s assignment of the obligation to a third party, must correspond in its form to the form of the deed that served as the basis for the occurrence of the main obligation.
The scientific article also analyzes the legal consequences of invalidity of the contract on the basis of which the main obligation arose. It was determined that the invalidity of the contract, on the basis of which the main obligation arose, will have its legal consequence also the invalidity of the contract on assigning the performance of the debtor’s obligation to a third party.