Characteristics of Suspension or Full/Partial Refusal of Performance in Case of a Counterparty’s Failure to Perform an Obligation under Ukraine’s Civil Legislation

The article explores the application of the right to suspend or fully or partially refuse to fulfill an obligation in the event of non-fulfillment of a counter-obligation by the other party. Scientific works of civilian classicists on obligation and research of Ukrainian civilian scientists served as material for study. The article distinguishes between conflicting and interdependent duties. It also highlights the issues of Part 3, Article 538 of the Civil Code of Ukraine, in case the buyer fails to fulfill the obligation to pre-pay for goods. The legal nature of the right to suspend or fully/partially refuse to fulfill a duty has been clarified: This is a way to protect civil rights and interests. Attention is drawn to the fact that the studied right can be exercised if the other party breaches a negative obligation. Ways to improve Ukraine’s legislation on the specified topic are proposed.

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Publication Details

Journal
Novum Jus
Published
2024-09-01
DOI
https://doi.org/10.14718/novumjus.2024.18.2.5
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00

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article

Characteristics of Suspension or Full/Partial Refusal of Performance in Case of a Counterparty’s Failure to Perform an Obligation under Ukraine’s Civil Legislation

Олена ПУШКІНА, Yuliia Leheza, Olesia Marchenko, Yevhen Leheza et al.
Novum Jus
European and International Law Studies
article

Characteristics of Suspension or Full/Partial Refusal of Performance in Case of a Counterparty’s Failure to Perform an Obligation under Ukraine’s Civil Legislation

Олена ПУШКІНА, Yuliia Leheza, Olesia Marchenko, Yevhen Leheza, B. S. Shcherbyna
article en

Abstract

The article explores the application of the right to suspend or fully or partially refuse to fulfill an obligation in the event of non-fulfillment of a counter-obligation by the other party. Scientific works of civilian classicists on obligation and research of Ukrainian civilian scientists served as material for study. The article distinguishes between conflicting and interdependent duties. It also highlights the issues of Part 3, Article 538 of the Civil Code of Ukraine, in case the buyer fails to fulfill the obligation to pre-pay for goods. The legal nature of the right to suspend or fully/partially refuse to fulfill a duty has been clarified: This is a way to protect civil rights and interests. Attention is drawn to the fact that the studied right can be exercised if the other party breaches a negative obligation. Ways to improve Ukraine’s legislation on the specified topic are proposed.

Novum JusVol. 18(2)
University of Customs and Finance (UA), Dnipro University of Technology (UA), Oles Honchar Dnipro National University (UA)
Svenska Forskningsrådet Formas
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
European and International Law Studies
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