The legal nature of the category «subsidiary responsibility»

Krotova Ekaterina Vladislavovna

The article is devoted to the study of the legal nature of the category "subsidiary responsibility", the relationship with the concepts of responsibility, obligation, measure of protection. Using as a criterion the category "illegality" in distinguishing the concepts of responsibility and obligation, the author comes to the conclusion that the norm of article 399 of the civil code is designed as a subsidiary obligation. However, if there is wrongfulness in the actions of the additional debtor, the performance of the obligation for the main debtor is based on the principles of the subsidiary obligation as a measure of responsibility.

Keywords:civil liability, subsidiary liability, subsidiary obligation, offense, fault, wrongfulness, protection measures