- Tytuł:
- The duration of the civil obligation, the termination of the contract
- Autorzy:
- Guyvan, Petro
- Powiązania:
- https://bibliotekanauki.pl/articles/2128095.pdf
- Data publikacji:
- 2022-12-31
- Wydawca:
- Wydawnictwo Adam Marszałek
- Tematy:
-
term of the civil contract
duration of the obligation - Opis:
- This scientific article is devoted to the study of the current issue of the duration of civil liability and its relationship with the term of the contract. There is a position that the subjective rights and obligations of the parties to the contract remain valid until terminated. Every obligation has its duration, and the term is its key characteristic and is included in the content of the obligation. The expiration of the term of the right and the corresponding obligation should, in theory, lead to the termination of the obligation. This applies to both regulatory relations (intact) and security (those that arise and develop autonomously after the offense). The paper focuses on the general principles of termination of obligations provided for in Chapter 50 of the Civil Code. These are grounds such as performance, crediting of counter-obligations, innovation, impossibility of performance, etc. However, it is emphasized that the current legislation does not define the expiration of the term as a ground for termination of the obligation. This is its significant disadvantage. With a certain assumption, it can be considered a settled legal relationship, which has no protective capacity in the event of expiration of the cut-off period. But in the law there is no such regulation of the relationship, limited in time by ordinary deadlines. This applies to the duration of all civil contracts. The contract may be terminated not only as a result of unilateral actions of the party, but also with the consent of the counterparties and as a result of other phenomena. The author proves that the contract ends with the termination of obligations contained in the contract. In other words, it is terminated due to exhaustion of conditions. An unfulfilled contract may also be terminated early. This is possible by mutual consent of the participants, or by the will of one counterparty, if provided by the agreement or established by law. The article examines in detail the grounds and mechanisms of these actions, special attention is paid to the termination of the contract as a sanction for improper compliance with its terms. After all, such an action, along with the termination of regulatory obligations, can give rise to others – security. These obligations are related to the return of the performed (for example, the return of the leased thing), compensation for damages, performance in kind of counter-obligation, etc.
- Źródło:
-
Reality of Politics; 2022, 22; 42-55
2082-3959 - Pojawia się w:
- Reality of Politics
- Dostawca treści:
- Biblioteka Nauki
Artykuł