TO THE QUESTION OF TERMINATION OF CONTRACTS UNDER THE LEGISLATION OF UKRAINE
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The proposed article gives a General description of the termination of contracts. It is noted that the change or termination of the contract can occur only by agreement between the parties to this contract, unless otherwise provided by the contract or legal acts and legislative acts. Issues of termination of the contract are considered, first of all, the provisions of the civil legislation of Ukraine. The possibility of termination of the agreement, even under significant circumstances, on the one hand, introduces a certain destabilizing factor in the relations of the parties to the agreement, providing an opportunity to terminate the agreement before the expected result, and on the other hand, provides a way to avoid the execution of the agreement in cases when its implementation will not meet the. In order to terminate the contract on the initiative of one of the parties to the contract, that is, unilaterally, it is necessary to have a number of conditions, namely: the person’s request for termination of the contract to the court and it is the satisfaction of the claim for termination of the contract. Attention is drawn that the institutions of termination and rejection of the contracts have a common legal nature of termination of the contractual relationship, however, differ in how they are performed. If the termination of the contract is a way of termination of contractual relations by applying to the authorized person to be obliged, the refusal of the contract is a way of termination of contractual obligations by the authorized person unilaterally (part 2 of article 701, part 2 of article 706 of the civil code of Ukraine). Hence, the moment of amendment or termination of the contract is the moment of proof of one party to the contract to the other party in the contract of his will.
Authors and Affiliations
Олександр Олександрович Бобошко
Keywords
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