The article is devoted to the complex research of the civil and legal construction of the facultative obligation. Thanks to the facultative obligation construction the debtor receives a chance to escape from the obligation by providing the creditor with a substitution and this significantly reduces the risk of liability of the debtor for failure to perform the obligations or the improper obligation fulfillment. The facultative obligations are not defined in the current Russian Federation

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... tion. The mentioned circumstances prove the extreme significance of the facultative obligation research. The absence of the facultative obligation complex regulation in Russian legislation is largely caused by the poor research of these obligations. The author comes to the conclusion that an facultative obligation is an independent civil and legal category. In connection with that, it is necessary to fix the legal definition of the facultative obligation and its legal status in the civil legislation of the Russian Federation.