Kemerovo, Russian Federation
In the modern literature there is no unity of opinion as to which legal relations should be qualified as fiduciary, but most importantly, there is no unity of approaches to the importance of the category of fiduciary. Since there is no clear idea of the legal consequences of changing the level of trust in a civil legal relationship, it becomes unclear what is the significance of the whole concept of fiduciary. The paper features the legal procedure of surety, in particular, such cases when the principal’s figure changes in the surety. In the light of the civil law reform of 2015, new approaches have been developed that demonstrate the conditional «independence» of the surety in the matter of termination of the surety. Meanwhile, even in the current version of the provisions of § 5, Chapter 23 of the Civil Code of the Russian Federation, rules are maintained, dictated by the relationship between the identity of the guarantor and the principal.
surety, coverage relations, fiduciary, termination of suretyship, transfer of duty, the fate of surety in the case of the principal’s death, the consequences of the coverage relationship termination
