Freedom and obligatory performance of a contract in the civil law of Ukraine
An analysis of the legislation of Ukraine, as well as doctrinal approaches and judicial practice regarding the understanding of freedom and obligation to perform a contract in the civil law of Ukraine, has been carried out. It has been concluded that the legislation in many respects creates situatio...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Ukrainian |
| Published: |
Kharkiv National University of Internal Affairs
2022-12-01
|
| Series: | Bulletin of Kharkiv National University of Internal Affairs |
| Subjects: | |
| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/522 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832545170409652224 |
|---|---|
| author | Yu. M. Zhornokui |
| author_facet | Yu. M. Zhornokui |
| author_sort | Yu. M. Zhornokui |
| collection | DOAJ |
| description | An analysis of the legislation of Ukraine, as well as doctrinal approaches and judicial practice regarding the understanding of freedom and obligation to perform a contract in the civil law of Ukraine, has been carried out. It has been concluded that the legislation in many respects creates situation where the principle of freedom of contract is restricted. At the same time, neither legislation nor law-enforcement practice contain any reservations that would allow changing the relevant state of affairs in favor of the principles of dispositive regulation of private law relations.
It has been noted that the principle of freedom of contract within civil law relations does not have an absolute nature, which is confirmed by the provisions of civil legislation that ensure the procedure for conclusion, execution and responsibility for individual contractual structures regulated by the Civil Code of Ukraine (e.g., a public contract, an accession agreement, etc.), as well as relations connected with consumer protection.
Based on the conducted research, it has been proposed to single out two main models for restriction of contract freedom: 1) establishment of direct restrictions by the state, by indicating which specific conditions the parties are forbidden to agree on in the contract; 2) consolidation of general evaluation standards that the transaction and its terms must meet by the legislator or higher courts at the level of law or law enforcement practice.
Attention has been focused on the fact that the ability to realize interests under one’s own responsibility is the basis of the contract, and that contractual binding and responsibility are its inevitable consequences. Despite the fact that the legislation provides for the obligation to perform the contract (Article 629 of the Civil Code of Ukraine), it also provides for cases of contract parties’ release from the performance of their obligations (from the obligation of the contract). |
| format | Article |
| id | doaj-art-6b59d0cfd1a2426483125f5455ff7c54 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2022-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-6b59d0cfd1a2426483125f5455ff7c542025-02-03T07:57:15ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2022-12-01994698010.32631/v.2022.4.06522Freedom and obligatory performance of a contract in the civil law of UkraineYu. M. Zhornokui0Kharkiv National University of Internal AffairsAn analysis of the legislation of Ukraine, as well as doctrinal approaches and judicial practice regarding the understanding of freedom and obligation to perform a contract in the civil law of Ukraine, has been carried out. It has been concluded that the legislation in many respects creates situation where the principle of freedom of contract is restricted. At the same time, neither legislation nor law-enforcement practice contain any reservations that would allow changing the relevant state of affairs in favor of the principles of dispositive regulation of private law relations. It has been noted that the principle of freedom of contract within civil law relations does not have an absolute nature, which is confirmed by the provisions of civil legislation that ensure the procedure for conclusion, execution and responsibility for individual contractual structures regulated by the Civil Code of Ukraine (e.g., a public contract, an accession agreement, etc.), as well as relations connected with consumer protection. Based on the conducted research, it has been proposed to single out two main models for restriction of contract freedom: 1) establishment of direct restrictions by the state, by indicating which specific conditions the parties are forbidden to agree on in the contract; 2) consolidation of general evaluation standards that the transaction and its terms must meet by the legislator or higher courts at the level of law or law enforcement practice. Attention has been focused on the fact that the ability to realize interests under one’s own responsibility is the basis of the contract, and that contractual binding and responsibility are its inevitable consequences. Despite the fact that the legislation provides for the obligation to perform the contract (Article 629 of the Civil Code of Ukraine), it also provides for cases of contract parties’ release from the performance of their obligations (from the obligation of the contract).http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/522civil lawcontractfreedom of contractprinciples of civil lawobligation to perform the contractsubjects of civil law. |
| spellingShingle | Yu. M. Zhornokui Freedom and obligatory performance of a contract in the civil law of Ukraine Bulletin of Kharkiv National University of Internal Affairs civil law contract freedom of contract principles of civil law obligation to perform the contract subjects of civil law. |
| title | Freedom and obligatory performance of a contract in the civil law of Ukraine |
| title_full | Freedom and obligatory performance of a contract in the civil law of Ukraine |
| title_fullStr | Freedom and obligatory performance of a contract in the civil law of Ukraine |
| title_full_unstemmed | Freedom and obligatory performance of a contract in the civil law of Ukraine |
| title_short | Freedom and obligatory performance of a contract in the civil law of Ukraine |
| title_sort | freedom and obligatory performance of a contract in the civil law of ukraine |
| topic | civil law contract freedom of contract principles of civil law obligation to perform the contract subjects of civil law. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/522 |
| work_keys_str_mv | AT yumzhornokui freedomandobligatoryperformanceofacontractinthecivillawofukraine |