Facultative obligations in the decision of Plenum of the Supreme Court of the Russian Federation from November, 22nd, 2016 № 54

During long time of development of the Russian civil law a serious barrier of a recognition of facultative obligations was absence of their legal regulation at a level code certificates (the Civil code of RSFSR 1922, Civil code of RSFSR 1964, Civil code of the Russian Federation 1994 (till March, 8th, 2015)). Legislative fastening of facultative obligations, norms about which have come into force since June, 1st, 2015 (item of item 308.2, 320.1 Civ il Codes of the Russian Federation), has put before courts, and also participants of a civil turn a significant amount of stubborn questions. Only the correct understanding of a legislative design of facultative obligations will allow to use effectively devoted by it civil rules of law, and to avoid inconsistent judiciary practice. The purpose of the present scientific article is detailed consideration of those explanations which contain the Decision of Plenum of the Supreme Court of the Russian Federation from 22.11.2016 № 54 «About some questions of application of general provisions of the Civil code of the Russian Federation on obligations and their execution». Considering scarcity of a normative regulation of facultative obligations, the statement of offers on the further perfection of their legal regulation is obviously necessary. A number of questions of principle about facultative obligations has not received the appropriate sanction in civil-legal doctrine.