Compensation is .. Concept, conditions, form and samples of compensation agreement. Differences from innovation

There are often situations when one of the parties to a contractual relationship, for one reason or another, cannot fulfill previously assumed obligations. In this case, the Civil Code provides for the possibility of paying compensation. This step will help not only to avoid unnecessary conflicts, but also to free yourself from overwhelming obligations with minimal losses. A compensation agreement is one of the legal ways to free yourself from an overwhelming obligation to a creditor.

Compensation agreement

Compensation. Essence (example)

For example, Ivanov owes Petrov 1,000,000 rubles under a loan agreement. Ivanov has no money, but the repayment period under the loan agreement has expired. Petrov has the right to file a lawsuit against Ivanov and obtain a court decision on collection, which will result in the initiation of enforcement proceedings, seizure and foreclosure of the debtor’s property.

However, such consequences can be avoided. Ivanov and Petrov have the right to enter into a compensation agreement, which stipulates that the obligations from the loan agreement are terminated by the provision of compensation to Petrov by Ivanov (i.e. property, including property rights, which include obligatory, corporate and exclusive rights).

Compensation for the debtor is a kind of payment for refusal to fulfill an assumed obligation, and for the creditor it is compensation received in return for the fulfillment of the obligation promised by the debtor.

Compensation is a modern analogue of the classic basis for termination of an obligation - provision instead of performance (datio in solutum).

Scope of application

To a certain extent, compensation is an analogue of offset, which also implies the termination of contractual obligations by covering them from another source or in another way.

The most common use of compensation is found in the performance of obligations under loan agreements. The loan agreement provides for the transfer of a certain amount of money to the borrower so that after a specified period he returns it with or without interest.

If a return is not possible, a replacement of the returned item will apply. So, instead of money, the borrower transfers another value to the lender - property, shares or personal rights. The main condition for the legal capacity of the compensation is the consent of the creditor to accept it instead of money.

Definitions of the term “compensation”

Here are several options for defining the concept of “compensation” from different dictionaries.

Compensation is a payment, a reward for giving up something. (Explanatory Dictionary of Efremova. T. F. Efremova. 2000).

Compensation - (eng. compensation for termination of contract) - in the civil law of the Russian Federation, a material benefit provided by the debtor in exchange for the fulfillment of an obligation in kind to the creditor (payment of money, transfer of property, etc.). O. is one of the grounds for termination of an obligation. (Encyclopedia of Law. 2015).

Compensation - in civil law, certain material benefits (money, property, etc.) provided by agreement of the parties in exchange for the fulfillment of an obligation. One of the ways to terminate obligations. The amount, terms and procedure for providing O. are established by the parties. (Large legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukhareva. 2003).

Compensation is a sum of money or property value that one person must give to another person in order to be released from fulfilling his obligations to that person. (Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B.. Modern economic dictionary. - 2nd ed., revised M.: INFRA-M. 479 p.. 1999).

Samples of compensation agreement

Agreement on compensation by transfer of real estate. Sample. The agreement is concluded for the purpose of terminating obligations arising from a loan agreement between legal entities. Under the compensation agreement, the debtor undertakes to transfer non-residential premises and a land plot to the creditor

Agreement on compensation by transfer of property (car). Sample. The subject of the Agreement is the termination of the debtor's obligation to pay for the delivery by providing compensation.

Agreement on compensation under a loan agreement between individuals. Sample. The subject of the agreement is the termination of the debtor’s obligation to repay the loan amount by providing compensation in the form of transfer of other property - a car

Types of compensation

As mentioned above, most often the compensation is the property of the debtor. However, the following may also be used as compensation:

services that the debtor undertakes to provide to the creditor and whose value is equivalent to the amount of the debt;
the debtor's exclusive rights, for example copyright, which he assigns to the creditor;
potential profit, such as future harvest.

Compensation can:

fully cover debt obligations;
partially cover the debt;
cover the debt in part with interest.

In addition, the compensation agreement may provide for the gradual repayment of debt obligations. In this case, debt legal relations are not terminated immediately, and the agreement establishes the procedure for terminating obligations in proportion to the compensation debt repaid.

Essential terms of the compensation agreement

In the previous edition (before June 1, 2015), Article 409 of the Civil Code of the Russian Federation was stated as follows:

“By agreement of the parties, the obligation may be terminated by providing compensation in exchange for performance (payment of money, transfer of property, etc.). The amount, terms and procedure for providing compensation are established by the parties.”

In accordance with Article 409 of the Civil Code of the Russian Federation, as amended, in force from June 1, 2015, by agreement of the parties, the obligation can be terminated by providing compensation - payment of funds or transfer of other property.

Thus, an essential condition of the compensation agreement is its subject (its name and quantitative characteristics), since in the new edition of Article 409 of the Civil Code of the Russian Federation the amount, terms and procedure for providing compensation are not specified as essential conditions.

Another essential condition of the compensation agreement is the indication of the terminated obligation.

Compensation and limitation of actions of the original obligation

A compensation agreement can also be concluded for an obligation for which the statute of limitations has expired. This is indicated in paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2020 N 6:

“The expiration of the limitation period for the original obligation does not prevent the conclusion of a compensation agreement. A compensation agreement concluded in writing after the expiration of the limitation period, depending on its content, may be qualified as an acknowledgment of a debt (clause 2 of Article 206 of the Civil Code of the Russian Federation).”

See comments in the article “Compensation is .. Concept, conditions, form and samples of compensation agreement. Differences from innovation"

Compensation agreement

Moscow

November 27, 2022

Limited liability company "Bazisplus", hereinafter referred to as the "Creditor", represented by director Pyotr Vasilyevich Ishanov, acting on the basis of the Charter, on the one hand, and limited liability company "Kvadro", hereinafter referred to as "Debtor", represented by director Gennady Plushev Veniaminovich, acting on the basis of the Charter, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement as follows:

1. The monetary obligation of the Debtor to the Lender arising from loan agreement No. 14 dated April 23, 2022, as of the date of signing of this Agreement amounts to 63,560,000 rubles, including the principal debt of 50,000,000 rubles, interest of 13,560,000 rubles.

2. To repay this debt, the Debtor transfers to the Creditor the following real estate:

non-residential premises (letter A), cadastral number 77:02:0004005:4333, area 260.5 sq. m, located at the address: Moscow, st. ..., ...

land plot with an area of 4,100 sq. m with cadastral number 58:29:0421222:0027, located at the address: Moscow, st. ...

3. The cost of the listed real estate objects owned by the Debtor is 76,000,000 rubles, including VAT _______ rubles*.

4. The Debtor transfers the property to the Creditor under the deed no later than 10 days from the date of signing this Agreement.

5. The Debtor's obligations in the amount specified in clause 1 of this Agreement are completely terminated on the date of state registration of the transfer of ownership of real estate to the Lender.

6. Interest accrued in accordance with the loan agreement for the period from the day following the day of signing this Agreement until the date of state registration of the transfer of ownership (inclusive) is paid by the Debtor by transferring funds to the Lender's current account.

7. The terms of this Agreement are confidential and not subject to disclosure to third parties, except for cases provided for by the current legislation of the Russian Federation.

8. This Agreement is drawn up in two copies having equal legal force, one for each of the Parties.

Addresses and details of the parties:

Lender: Limited Liability Company "Bazisplus" (LLC "Bazisplus"), legal address: 109123, Moscow, st. ..., OGRN 1234567891234, TIN 1234561234

Debtor: Limited Liability Company "Kvadro" (LLC "Kvadro"), legal address: 107321, Moscow, st. ..., OGRN 1234567123456, TIN 1234512345

Signatures of the parties:

Creditor: (signature) / __________ Ishanov P.V./

Debtor: (signature) / ____________ Plushev G.V./

*Note:

Payment of Value Added Tax (VAT)

In paragraph 23 of the “Review of judicial practice of the Supreme Court of the Russian Federation No. 2 (2017)”, approved by the Presidium of the Supreme Court of the Russian Federation on April 26, 2017, the following legal position is given:

The debtor who provided compensation in order to terminate obligations under the loan agreement is obliged to calculate value added tax on this sale, and the creditor has the right to accept the tax as a deduction.

In particular, the following is stated:

By virtue of Art. 409 of the Civil Code of the Russian Federation, when signing an agreement to provide compensation, the obligation under the loan agreement is terminated by transferring the property of the debtor to the creditor (borrower to the lender), that is, the property is transferred into the ownership of the lender in exchange for cash. With the provision of compensation, the overall method of execution of the loan agreement changes, the obligations of the parties under the original method of execution are terminated, and the parties are assigned other, new obligations arising from the compensation agreement (the monetary form of loan repayment is no longer fulfilled by the parties).

Within the meaning of paragraphs. 1 and 3 tbsp. 38, paragraph 1, art. 39 of the Tax Code of the Russian Federation, since when transferring property as compensation, the ownership of it is transferred on a compensation basis, this transfer is recognized as a sale, unless otherwise expressly provided for by the Tax Code of the Russian Federation.

By virtue of sub. 1 clause 1 art. 146 of the Tax Code of the Russian Federation, the sale of goods (work, services) on the territory of the Russian Federation, including the sale of collateral and the transfer of goods (results of work performed, provision of services) under an agreement on the provision of compensation or innovation, as well as the transfer of property rights are recognized as an object of VAT taxation .

Thus, the transfer of property as compensation in order to repay obligations under a loan agreement is the sale of property, in connection with which the transferring party is obliged to calculate VAT on the sale, and the receiving party has the right to deduct the tax.

Does the value of the property provided as compensation matter?

Indication in the compensation agreement of the value of the property provided in exchange is not a mandatory condition of the contract; the value of the compensation has no meaning and can be either higher or lower than the value of the obligation being replaced.

The compensation agreement is a real contract

The absence of the need to agree on the amount, timing and procedure for providing compensation indicates that the compensation agreement is a real contract, that is, it is considered concluded from the moment the property is transferred as compensation, and not from the moment the compensation agreement is signed (Article 433 of the Civil Code of the Russian Federation). The original obligation terminates from the moment the compensation is provided, and not from the moment the agreement on it is concluded.

Thus, after concluding a compensation agreement, the creditor cannot demand compensation referring to the concluded compensation agreement. If the debtor does not provide compensation within the agreed period, the creditor has the right to demand fulfillment of the original obligation and the application of liability measures (clause 1 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 N 102 “Review of the practice of application by arbitration courts of Article 409 of the Civil Code of the Russian Federation”).

The consequences of a debtor’s violation of the deadline for providing compensation are explained in paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2020 N 6 “On some issues of application of the provisions of the Civil Code of the Russian Federation on the termination of obligations,” which states the following:

“If the debtor has not made an optional provision (has not provided compensation) within the appropriate period, the creditor has the right to demand the fulfillment of the original obligation, but not the provision of compensation (clause 1 of Article 320.1, Article 409 of the Civil Code of the Russian Federation). In this case, the creditor has the right to take advantage of the remedies established in the event of failure to fulfill the initial obligation, including the collection of a penalty and (or) interest for the delay in fulfilling the initial monetary obligation, which accrues starting from the first day of delay in fulfilling the initial obligation.”

A compensation agreement may provide for the provision of compensation both immediately at the time of concluding such an agreement and in the future (clause 3 of Resolution No. 6).

What is compensation under the Civil Code of the Russian Federation?

The Civil Code of the Russian Federation (Civil Code of the Russian Federation) in Article 409 provides for the termination of obligations by concluding a compensation agreement (SA). In essence, these are certain material assets that one of the parties to the contract offers to the other party in order to terminate its obligations. Compensation can be amounts of money, property, etc. When concluding a joint agreement, the parties agree on its size and terms of provision.

Most often, CO is used when it is impossible to repay the debt when the deadline approaches. The debtor offers another material benefit in exchange for its repayment. However, the agreement may concern not only the debtor and the creditor. It helps, for example, when concluding an agreement for the provision of any service. The contractor has assumed certain obligations, but cannot fulfill them, and the customer suffers losses. And in this case, compensation will help to terminate the obligations.

Cost of compensation

The law does not limit the size, giving the right to decide the issue of its value to the contracting parties. An explanation on this matter is provided by the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 No. 102. According to the letter (clause 4), the amount of compensation may be equal to, more or less than the value of the obligation. It is determined in the CO by agreement of the parties.

In the event that the value of the compensation is lower than the value of the obligation, the parties may agree on complete or partial termination of the obligation. The debt may be reduced in proportion to the size of the compensation. It is possible to increase the effect of only the main part, but leave the penalties (penalties) in force, or, conversely, exclude the penalty, but leave the obligation under the contract.

Veronica Petrovskaya

Lawyer, specialization - civil law

If the CO does not indicate which part of the debt the penalty applies to, then the court recognizes the complete termination of the obligation after the transfer of compensation, regardless of its size.

Repayment of an obligation by transfer of property

Compensation in the form of property is provided for in Article 409 of the Civil Code of the Russian Federation and is most widespread, and both movable and immovable property, as well as any valuables, can be transferred. When concluding a compensation agreement by transferring property, the parties agree on its value taking into account its usefulness, market prices, condition and physical deterioration. The text of the agreement should clearly describe the transferred object, indicating a document confirming ownership rights.

What can be provided as compensation? Subject of compensation

The following may be the subject of compensation:

1. Property of the debtor. The debtor can transfer movable and immovable property as compensation, for example, a car, a dacha, an apartment, a plot of land, goods, securities - both documentary (for example, bills) and uncertificated (shares, bonds), other property;

2. Property rights:

obligatory (the right of claim against a third party),
corporate (for example, a share in the authorized capital of an LLC),
exclusive (right to the result of intellectual activity).

3. Works, services or other provision

In paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2020 N 6, it is clarified that “the rules on compensation do not exclude that work will be performed, services provided or other provision will be made as compensation (clause 1 of Article 407, Article 421 of the Civil Code of the Russian Federation) .

Compensation agreement form

The general requirements provided for in Articles 158 – 165 of the Civil Code of the Russian Federation apply to the form of the compensation agreement.

Accordingly, if the object of the compensation agreement is real estate, then, as a general rule, state registration of the transfer of ownership rights is required on the basis of the executed compensation agreement. Until the transfer of ownership of real estate is registered, its owner will be the party providing the compensation, and the obligation to the creditor will not be considered a terminated provision of compensation.

The most stringent requirements for the form of the contract apply to the compensation agreement . In paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2020 N 6, it is essentially explained that if the original agreement required notarization, then the compensation agreement must be in the same form, even if it is based on a transaction for which A simple written form is provided. In particular, the Resolution states the following:

“It should be taken into account that in relation to the initial agreement and the agreement on the basis of which compensation is provided, different requirements for the form may be established, in particular due to the fact that the agreement arising between the parties falls under the characteristics of an obligation of a different type or in relation to transactions with property that is transferred as compensation, special requirements for the form are established. In this case, the most stringent of these rules on the form of the transaction are subject to application to the compensation agreement (clause 1 of Article 452 of the Civil Code of the Russian Federation). For example, if shares in the authorized capital of a limited liability company are provided as compensation, then the compensation agreement must be notarized (clause 2 of Article 163 of the Civil Code of the Russian Federation, clause 11 of Article 21 of the Federal Law of February 8, 1998 N 14-FZ “On Companies with limited liability")".

Evasion of the debtor from state registration of the transfer of ownership of real estate

Paragraph 5 of the Resolution states that if the debtor evades registration of the transfer of ownership, the creditor has the right to file a claim to compel such registration. In particular, the following is stated:

“If, by agreement of the parties, real estate is transferred as compensation, but the debtor avoids registering the transfer of ownership of this object, the creditor has the right to demand such registration (clause 1 of Article 6, clause 3 of Article 551, paragraph two of clause 1 of Article 556 of the Civil Code of the Russian Federation) "

Contents of the agreement

The structure of the agreement generally corresponds to the structure of the contract and should include:

the date of the agreement and the locality in which it was concluded;
Full name or (for legal entities) name of the parties to the agreement. If one of the parties or both parties are legal entities, then, in addition to the name, the full names, positions and powers of those who participate in the agreement on behalf of the legal entities are indicated;
addresses of individuals and full details of legal entities. It should be remembered that the addresses and other data of individuals fit into the section listing the parties. And the details of legal entities are indicated at the end of the text of the agreement;
information about the main agreement, including the date of its conclusion, its subject and conditions. If, for example, the loan agreement provided for the payment of interest, then this should be indicated;
obligations of the debtor under the main agreement;
mutual consent of the parties to conclude a compensation agreement;
type of compensation - property, rights or services;
method of repayment of obligations - full repayment, partial or phased. The absence of this information is a big mistake, since by default the compensation agreement implies full repayment;
the period for transfer of compensation or the period for performance of services, if services are used as compensation;
the gradual transfer of compensation, if the parties have agreed on this;
timing of each stage;
repayment or non-repayment of interest under the main agreement;
repayment or non-payment of compensation penalties, penalties or penalties under the main agreement;
signatures of the parties to the agreement.

The absence of information in the agreement about interest, penalties, penalties and penalties is grounds for termination of these obligations by default.

An agreement is drawn up in the number of copies corresponding to the number of parties to the agreement. Subsequently, the agreement becomes an integral part of the main contract.

If property subject to state registration is used as compensation, then the creditor’s right to it must be registered. For example, compensation in the form of real estate - apartments, houses, land, non-residential buildings, etc. implies registration of the agreement in Rosreestr.

Compensation can terminate both the entire obligation and part

Compensation can be used to terminate both the entire original obligation and part of it. This should be expressly stated in the terms of the compensation agreement.

For example, the debtor owes the creditor 1,000,000 rubles. Under the compensation agreement, the debtor provides the creditor with a car worth 500,000 rubles. If the compensation agreement does not indicate that by providing this car the initial obligation is terminated only in the amount of 500,000 rubles, then the obligation will be considered to be terminated completely.

These circumstances were noted in paragraph 4 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 N 102 “Review of the practice of application by arbitration courts of Article 409 of the Civil Code of the Russian Federation,” where the following was stated:

If the parties to the compensation agreement have not specifically indicated whether the obligation is terminated in full or in part of the debt, and the court cannot establish the will of the parties by using the methods defined in Article 431 of the Code, then in the case where the value of the compensation provided is less than the debt of the debtor, it is necessary to proceed from that the obligation is terminated completely.

Clause 3 of the mentioned information letter of the Supreme Arbitration Court of the Russian Federation No. 102 also states that “within the meaning of Article 409 of the Civil Code of the Russian Federation, unless otherwise follows from the compensation agreement, with the provision of compensation, all obligations under the contract, including the obligation to pay a penalty, cease.”

The fact that compensation can terminate an obligation both in part and in full is explained in paragraph 2 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 11, 2020 No. 6:

“Within the meaning of Articles 407 and 409 of the Civil Code of the Russian Federation, the parties have the right to terminate the initial obligation by providing compensation, both in full and in part, in relation to the main and (or) additional requirements.

If the terms of the agreement are unclear and it is impossible to establish whether the will of the parties was aimed at terminating the obligation in whole or in any part, the interpretation of the agreement is carried out in favor of the fact that the original obligation is terminated in full, as well as additional requirements for it, including the obligation to pay a penalty, are terminated.”

Indemnity agreement and what to pay attention to when drawing it up

The decision to transfer compensation must be formalized by agreement. In this case, the obligation will be considered extinguished not at the moment of signing the document, but when the compensation is transferred to the creditor.

Sample compensation agreement

Compensation is applied only with the consent of all parties to the contract; accordingly, this is an ordinary transaction. Therefore, the compensation agreement is subject to the same requirements in terms of content and form as for a regular agreement. The document must reflect all the conditions that were accepted by the parties. The agreement is drawn up on paper and signed by the participants.

In such an agreement, the following points are of great importance:

Reflect what obligation was recorded in the main agreement that is subject to termination. This may be a transfer of property or payment in cash. The details of the main contract must also be indicated.
If the compensation does not cover the entire obligation, but only part of it, this must be indicated in the contract. Otherwise, the debt will be considered to be covered in full.
Deadlines for the implementation of the agreement: when the money will be transferred, services provided, etc. If the document does not contain deadlines for execution, from a legal point of view, the agreement will not be considered concluded. Having an exact date plays into the hands of the debtor, because the creditor does not have the right to demand fulfillment of the obligation until the deadline for fulfilling the compensation has passed. The debtor will have more time to fulfill the initial obligation and will no longer need to transfer compensation.
Indicate whether the agreement covers penalties that were fixed in the main contract. If this is not reflected in the document, all obligations will be covered automatically.

Let us give examples from judicial practice.

Example 1 . The banking institution provided a loan to OJSC Snegir. The contract stipulated a penalty in case of failure to fulfill the obligation on time. Snegir was unable to pay the bank and the parties signed a compensation agreement. The company fulfilled the terms of the agreement and transferred the property to the creditor. But the bank considered that Snegir had covered only the main obligation and filed a lawsuit demanding to pay a penalty. The court rejected the creditor's claim. Representatives of the judicial authority explained the refusal by the fact that the compensation agreement fully covers the initial obligation. Penalties cannot be applied if this is not stated in the document.

Example 2 . carried out repair work on the premises that belongs to the company. However, Cloud was unable to pay. Then the parties entered into a compensation agreement. The debtor had to transfer the goods in exchange for money for repairs. Cloud fulfilled its obligations, but Stroitel still filed a lawsuit. Because I thought that the cost of the goods did not cover the entire debt. However, the court did not satisfy the construction company's demands. Since the agreement does not indicate that the compensation partially covers the debt, by default it is considered that the obligation is fully covered. Thus, “Cloud” owes “Builder” nothing.

Cost of compensation

The value of the compensation does not have to be equal to the amount of the debt. The law allows, for example, instead of a credit debt of 1,000 rubles, to transfer property worth 10,000 rubles. Conversely, the amount of compensation may well be less than the amount of the debt, if the parties to the agreement agreed on this.

The value of the compensation may be more or less than the principal debt, subject to the consent of both parties to the agreement

However, if the value of the compensation is greater than the amount of the principal debt, the tax authorities may consider that the difference is property received free of charge from the debtor. And then you will be charged additional income tax. Therefore, in order to avoid claims from the tax authorities, it is better if the compensation is equivalent to the principal debt.

Termination of obligation when compensation is provided in installments

If the parties have provided for the provision of compensation in parts, when part of the compensation is provided, the obligation is considered terminated in proportion to the compensation actually provided. In other words, if the compensation is provided in parts, the obligation does not terminate in full with the provision of the first part of the compensation (see for more details paragraph 5 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 No. 102 “Review of the practice of application by arbitration courts of Article 409 of the Civil Code RF").

By providing compensation, both contractual and non-contractual obligations can be terminated

If the compensation agreement does not violate the rights and interests of third parties or public interests, the provision of compensation may also terminate the obligation to return what was received under an invalid transaction, which arose by virtue of Article 167 of the Civil Code of the Russian Federation (clause 6 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 . N 102 “Review of the practice of application by arbitration courts of Article 409 of the Civil Code of the Russian Federation”).

The fact that compensation can also terminate non-contractual obligations is indicated in paragraph 2 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 11, 2020 No. 6, which states:

“By providing compensation, not only contractual obligations can be terminated, but also, for example, obligations from unjust enrichment and obligations to return what was received on the basis of an invalid transaction, if this does not violate the rights and legally protected interests of third parties, public interests or does not contradict the essence of the original obligation (clauses 2 and 3 of Article 307.1 of the Civil Code of the Russian Federation).”

In the literature there are different points of view on the issue of the possibility of termination of alimony obligations, obligations to provide maintenance, and compensation for damage to life and health.

Some authors point out that “since the relevant obligations are aimed at ensuring the rights and interests of socially unprotected categories of citizens, and the provision of such obligations is intended to ensure the minimum necessary level for the continued existence of such a citizen as an individual, their termination by means other than fulfillment should be considered unacceptable.” . This position seems correct.

Other authors believe that “the parties to an alimony agreement have the right to freely determine the grounds for termination of the alimony obligation that has arisen between them, which is based on the agreement.”