DEBT FORGIVENESS AS A GROUND FOR TERMINATION OF OBLIGATION: PROBLEMS OF DOCTRINE, LEGISLATION AND LAW ENFORCEMENT PRACTICE part II
The current difficult socio-economic situation, which has developed both in Russia and in most countries of the world, caused by the pandemic of the new coronavirus infection and associated with an unreasonably high burden on entrepreneurs, the massive closure of small and medium-sized businesses, the predefault state of a significant number of large enterprises, entails for itself updating in general the issues of termination of obligations not related to their performance. In particular, the demand for such a legal mechanism as debt forgiveness has increased among participants in economic activity, which is supposed to entail a new stage in its legal research, given the significant number of unresolved problems of doctrine, legal regulation and law enforcement practice associated with it. The purpose of this study is to address a range of pressing issues related to debt forgiveness. In the second part of the study, a general theoretical analysis of debt forgiveness was carried out with a view to establishing its retribution and correlation with other methods of termination of obligations. The issues of the subject and form of the transaction, as well as the controversial aspects of debt forgiveness for obligations of a personal nature, have been studied. The subject of the research was the norms of Russian legislation governing the issues of debt forgiveness and the views existing in legal science, ideas about debt forgiveness as a way to terminate civil obligations. The theoretical and methodological basis of the work was formed by the works of civil scientists, touching upon various aspects of debt forgiveness. The nature of the issues analyzed led to the use of general scientific methods of empirical and theoretical research: logical, systemic and functional. The systemic legal approach was applied in conjunction with the formal legal research method. According to the results of the study, in the second part of the work, it was concluded that a prerequisite for the implementation of debt forgiveness between commercial organizations is not repayment as such, but property benefit or economic interest, as well as the need to differentiate by subject composition to approach the issue of admissibility of debt forgiveness in personal obligations. The general conclusion is substantiated that it is impossible to achieve uniformity in the application of the institution of debt forgiveness today without amending the Civil Code of the Russian Federation.