LEGAL FORMS OF TERMINATION OF A CIVIL CONTRACT: CURRENT STATE AND PROSPECTS

  • N.V. Kuznetsova
    • Udmurt State University
Keywords: civil contract, freedom of contract, cancellation of a contract, unilateral refusal from a contract (execution of the contract), moment of termination of a contract, legal forms of termination of a contract, lease contract, rent contract, rental agreement for residential premises, purchase and sale contract, estoppel

Abstract

This article examines the relations connected with legal forms of termination of a contract in civil law. The paper notes the need for a clear distinction between such legal concepts as "cancellation of a contract" and "repudiation of a contract". The article analyzes such independent legal forms of termination of a civil contract as cancellation and unilateral refusal from a contract (repudiation). The differences between cancellation of a contract and repudiation of a contract are indicated. Based on the analysis of the differences between cancellation of a contract and unilateral refusal from a contract, proposals are formulated to amend the current legislation regulating both general provisions on the contract and on certain types of civil law contracts. The question of the legal significance of the obligation to deposit a certain amount of money for unilateral refusal from the contract is considered. The proposals concerning the solution of problematic issues of the topic under consideration are formulated. The question and the principle of estoppel in contractual relations are outlined.

References

Received 2023-09-12
Published 2023-11-24
Section
Discussions
Pages
1097-1100