Presumption of Guilt of the Debtor for Non-Fulfillment of Contractual Obligations in Agriculture

Abstract

In the theory of civil law, a contract as a legal fact is an agreement on the origin, change and termination of rights and obligations by its participants. It is the main legal instrument in all spheres of public life, including agriculture, in the formation of property relations, such as the transfer of property, the performance of work, and the provision of services. In the agricultural sector, the following are widely used: contracts of contracting with agricultural producers, organizations for the production and processing of agricultural products; contracts with suppliers for the supply of material and technical resources; as well as contracts with service organizations for mechanized work, service, agrochemical, agrotechnical services. The parties to these agreements assume certain obligations regarding their content. However, the fulfillment or adequacy of contractual obligations depends on the actions of the counterparties. Failure to comply with contractual discipline entails civil liability. This, in turn, forces the plaintiff (creditor) to use the presumption of guilt principle. The debtor is responsible for the improper performance of the obligation. The article examines the presumption of the debtor's guilt in non-fulfillment of a contractual obligation as a subject of research..