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Сфера применения и правовой режим солидарной множественности кредиторов в сравнительной перспективе
The article presents an extensive comparative legal analysis of the regulation of active solidary obligations based on the legislation of more than one hundred and twenty national jurisdictions (including draft laws and extraterritorial application of some acts) and provisions of six non-state sets of rules in the area of civil law (Model Civil Code of the CIS, Draft Common Frame of Reference, Principles of European Contract Law, Unidroit Principles of International Commercial Contracts, OHADAC Principles on International Commercial Contracts, Preliminary Draft OHADA Uniform Act on Contract Law), covering almost all legal systems of civil law and several mixed systems. The paper starts with the outline of the scope of application of rules on solidarity among creditors in a comparative perspective. Thereafter, the author examines the key elements of the legal regime of active solidarity: the debtor's right to choose the recipient of the payment, the principle of prevention, rights of obligees to bring claims (actions), the erga omnes and inter partes effect of various juridical facts (performance and its substitutes, acknowledgement of debt, default and impossibility of performance, prescription, settlements, and judgments), rules on assignment of claims, consequences of the death of a solidary creditor, apportionment of solidary claims. Important differences in regulation are accompanied by a commentary.