LEGAL NATURE OF UNILATERAL REFUSAL FROM A CONTRACT

UDC 347.78

Kulis Lidziya Andreevna – PhD (Law), Associate Professor, Assistant Professor, the Department of Philosophy and Law. Belarusian State Technological University (13a, Sverdlova str., 220006, Minsk, Republic of Belarus). E-mail: lidia.kylis@gmail.com

DOI: https://doi.org/ 10.52065/2520-6885-2024-287-20.

Key words: contract, execution of a contract, termination of obligations, unilateral refusal of a contract, abuse of rights, compensation for damages.

For citation: Kulis L. A. Legal nature of unilateral refusal of the contract. Proceedings of BSTU, issue 6, History, Philosophy, 2024, no. 2 (287) (In Russian). DOI: 10.52065/2520-6885-2024-287-20.

Abstract

The article examines current issues of the legal nature of unilateral withdrawal from a contract, legal grounds and conditions for the application of this method of termination of contractual relations, its advantages and disadvantages for the predictability of relations and the stability of the activities of business entities. Changes in legislation aimed at strengthening the connection between the right to unilateral withdrawal from a contract and the general civil principle of good faith and reasonableness of the parties are analyzed, as well as those concerning some features of the implementation of this subjective right. Attention is drawn to the fact that any violations of the procedure for unilateral withdrawal from a contract established by law or by agreement of the parties can be challenged in court by filing a claim for recognition of the withdrawal from the contract as invalid. A conclusion is made on the advisability of securing at the legislative level, as an alternative to compensation for damages, the possibility of collecting compensation payments within certain limits in favor of the party that suffered from the abuse of rights. For the purpose of mutually beneficial renewal of contractual relations, it seems appropriate to discuss the issue of legislatively securing the possibility of cancellation or revocation of a sent notice of unilateral withdrawal from a contract. Clear and unambiguous legal regulation of unilateral refusal of a contract, including liability for abuse of rights, corresponds not only to the interests of participants in civil transactions, but also to the interests of society and the state.

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References

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15.03.2024