Subjective grounds for termination of the contractual relationships

Anatoliy Kostruba ()

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Abstract: Juridical facts in the binding field are represented by the grounds for termination of the obligations. However, contractual obligation may be a juridical fact by itself, by which means proprietary interests in property, ownership right are forfeited, proprietary rights, as well as obligations, are limited. Thus, obligation or its particular part can be a juridical fact which changes or completes another obligation in other legal relations. Grounds for termination of the contractual relationships can be found in Chapter 50 of the Civil Code of Ukraine and described in twelve articles. Such grounds include: a) termination of the obligation by performance (Art. 599); b) termination of the obligation by accord and satisfaction (Art. 600); c) termination of the obligation by offsetting (Art. 601); d) termination of the obligation upon the parties' consent (Art. 604); e) termination of the obligation by debt relief (Art. 605); f) termination of the obligation by confusion of debts (art. 606); g) termination of the obligation by impossibility of performance (Art. 607); h) termination of the obligation with the physical person's death (Art. 608); and i) termination of the obligation with the liquidation of a legal entity. All these grounds can be conveniently classified into two groups: subjective, that is such depending on the will of the parties to an agreement or other participants in civil-law relations and therefore being juridical facts – actions by their nature (unilateral repudiation, due performance, accord and satisfaction agreement, offset of liabilities, agreement of the parties, novation, debt relief), and objective – not depending on the will of the participants in civil-law relations and thus juridical facts – actions (confusion of debts, impossibility of performance, physical person's death, liquidation of a legal entity). It is characteristic that according to Art. 598 of the Civil Code of Ukraine this list is not non-exhaustive, and therefore, in theory the agreement may establish other grounds for termination of obligations, which will be different from those specified in Chapter 50 of the Civil Code of Ukraine.

Keywords: Contract; Contracts law; Obligations; Law of obligations; terminations of law (search for similar items in EconPapers)
Date: 2020-03-20
New Economics Papers: this item is included in nep-cis
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Published in Договір як універсальна форма правового регулювання, Vasyl Stefanyk Precarpathian National University, Mar 2020, Ivano-Frankivsk, Ukraine. pp.8-12

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