Abstract: Due to the numerous problems related to the discharge of an obligation by a third party, carried out when placing a discharge, there is a need for the development of a civil theory of discharge of obligations by a third party. The author considers discharge of an obligation by a third party in the context of relations of a debtor and a third party. The author studies the problems of a third party's responsibility to a creditor for an improper discharge of a non-monetary obligation. The paper studies the problem of a creditor’s right to make sure of placing a discharge on a third party. The research methodology includes the methods of abstraction, classification, the dialectical, historical, system, inductive and deductive methods of cognition, and the formal-legal method. The author expresses a reasonable doubt in a justifiability of a legislative construction stipulating the transition of the creditor’s rights to the third party, who has discharged an obligation, provided by the clause 5, article 313 of the Civil Code of the Russian Federation. Besides, the author expresses doubt in the possibility to place on a third party a responsibility to a creditor for an improper discharge of a non-monetary obligation.