An accurate description of a reason of debt as a statutory requirement of an acknowledgement of debt in civil law relations

06.08.2013

Acknowledgement of debt as a single side legal act in civil law relations is regulated in provision 558 of the Civil Code. If a person acknowledges in writing that he will pay his debt specified in terms of both the grounds and the amount, it shall be deemed that the debt existed at the time of the acknowledgement. The acknowledgement of debt is clear and simple but it shall meet the statutory requirements, otherwise this legal act cannot be considered as valid.

A manifestation of acknowledgement shall contain such items from which the reason of the debt undoubtedly flows. The introduction of a reason of the debt shall contain an identification of a debt which should be acknowledged or what the debt factually relates with. The Supreme Court has newly pronounced that it is not sufficient the fact that both the debtor and creditor know the specification and the amount of the debt. Items about the reason of a debt and its amount shall be contained in a written manifestation of will at least shall flow from this manifestation in the way which does not reasonably raise any doubts for third persons.