THEORETICAL ASPECTS OF CONTRACTUAL OBLIGATION TERMINATION IN THE UKRAINIAN AND RUSSIAN CIVIL LAW

Теоретические аспекты прекращения договорных обязательств в гражданском праве Украины и России

Anatoliy Kostruba ()

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Abstract: The article is dedicated to termination of civil law obligations. The author justifies the unique character of an agreement as a legal fact since it brings about such consequences as appearance, amendment or termination of civil law relations on the one hand, and on the other hand, a civil law agreement fixes independent grounds of obligations legal relationships determined by the parties. The author substantiates that one of the contractual obligation traits is dependence of occurrence of a legal fact in the agreement structure upon the rightful will of the parties (action) or objective circumstances (event), the existence thereof is stipulated by a legal model of the contractual obligation in the agreement. This legal fact as a coincidence of actual circumstances with their legal model leads to achievement of the legal result expected by the parties and consequently the termination of the obligation. Moreover, it is proved that in practice there occur social conflict cases between the parties to contractual obligations. The condition for appearance of such a conflict is the occurrence of a legal consequence not established by the parties as a goal, reaching which is their intention. The compensatory character of such law terminating legal facts lies in the compensation of their actual or legal defect with occurrence of a corresponding consequence adjusted considering the new legal behavior model of the contractual obligation participants. Special attention is paid to occurrence of a dissolving and suspensive condition of a deal. The author notes that persons entering into a deal have a right to cause termination of a contractual obligation based on the consequences the occurrence thereof is unpredictable (dissolving conditions).

Keywords: agreement; legal fact; contractual obligation termination; legal regulation mechanism; conditional deal; Obligations; legal facts (search for similar items in EconPapers)
Date: 2017-08-28
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Published in Нотариус, 2017, 8, pp.33-42

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02908129

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