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Abstract

In most cases fulfiled commitment by a debtor on that a duty is fixed by an agreement or law, and harm is compensated directly by a person, that caused her. However the specific of civil legal relations quite often results in a volume, that fulfiled commitment by one person for other, and a compensation of harm not always is possible to require directly from the culprit of his origin or because for him other person is responsible, or because other order of compensation of harm is set by a law. One of methods of guard of interests of participants of relations and specification of their responsibility in these cases and there is a right in the reverse action of compensation prepaid from the third person, or right of recourse.
A regress requirement carries derivative character. She arises up only on the basis of implementation some other obligation, that in relation to regress it can be adopted by basic. A regress obligation always is to the derivatives from basic, as when the basic stops an action, then there is a regress obligation.
Derivative character of regress requirement, however, does not mean equality of her character with a that requirement, that stipulated her origin. By the nature these requirements can be different (although quite often and gather), and in this sense, certainly, it is possible to talk about relative independence of regress obligations. The table of contents of regress requirement always is a penalty back prepaid, while the basic requirement has the maintenance in most cases (if to talk not about tort obligations) something other, namely: satisfaction of debt, penalty of approvals and others like that. It, however, does not mean that a regress requirement on the maintenance is qualitatively new and does not consist in the scopes of well-known categories of obligations.
A regress requirement is always sent to the compensation of the losses born for an account or through fault of other person, and that is why she, essentially, is an obligation from the compensation of harm, and thus, in most cases is the form of civil liability.
The object of regress obligation is a compensation, what регресант is under an obligation to accomplish to регредієнту. The table of contents of regress obligation is presented by right and duties parties. In the regress obligation of регредієнту a right belongs on the receipt of compensation, регресант is under an obligation to accomplish actions in relation to a compensation, id est maintenance of regress obligation is penalty prepaid. A size of regress requirement can not be more sum actual prepaid to the creditor in a basic obligation.
The proper attentiveness, solicitude, foresight of subject, is determined by character of corresponding type of activity and features of carrying out her subject. If to talk about the obligation of compensation of harm, then a right in a reverse action to the winy person arises up from the moment of compensation to the victim of harm and with this time motion of term of limitation of actions is begun.
A court has no authority to accept a regress claim, if in the moment of awarding judgement a plaintiff did not recover inflicted to the victim harm. A regress requirement can be produced during three years from the day of fulfiling commitment about the compensation of harm. Beginning of motion of term of limitation of actions after a regress requirement is a term of implementation of basic obligation under a general rule.
In the real article it is considered concept and legal nature of institute of right in a reverse action (to regress) on the civil legislation of Ukraine. The concept of regress obligation is certain.