The restriction of the unilateral refusal to comply with one s commitments

Tyumen State University Herald. Social, Economic, and Law Research

Release:

Vesntik TSU. law (#3). 2014

Title:

The restriction of the unilateral refusal to comply with one s commitments

Authors: Inna V. Tordiya, Raisa A. Senkina

About the authors:

Inna V. Tordiya,

Cand. Jur. Sci., Associate Professor, Head of Civil Law and Procedure Department, Institute of Law, Economics and Management, Tyumen State University

Raisa A. Senkina,

undergraduate, Institute of state and law, Tyumen State University

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Abstract:

The article is devoted to the issue of the possibility of restriction of the right to unilateral withdrawal from the contract. The authors analyze applicable court practice, reveal inconsistencies in the administration of the legislation on the unilateral withdrawal from the contract. Special attention is given to the issue of possibility of prohibition or restriction of the right to unilateral recession from the contract. The authors suggest that addressing the issue of the possibility of limiting the right to refuse the contract should be treated differently, depending on the circumstances: it follows from the contract or the right of the provisions of the law; are the source of the right to refuse mandatory or non-mandatory standards; refers to the total exclusion of the possibility of unilateral failure or it is limited, it is entrepreneurial or other legal. As a result, the authors propose and justify some options to resolve those contradictions. Proposals are aimed at establishing the guarantees for performing a contract, as well as more responsible comprehension of contractual terms and conditions while signing and executing.

Keywords:

References:

1. The Civil Code of the Russian Federation (Part One) on November 30, 1994. № 51-FZ on the comp. on November 2. 2013. Sobranie zakonodatel'stva Rossiiskoi Federatsii — Collection of Legislative Acts of the Russian Federation. 1994. № 32. Art. 3301. (in Russian).

2. On Amendments to Chapters 1, 2, 3 and 4 of the Civil Code of the Russian Federa-tion: Federal Law of 30 December 2012 № 302-FZ on the comp. on March 4, 2013. Sobranie zakonodatel'stva Rossiiskoi Federatsii — Collection of Legislative Acts of the Russian Federation. 2012. № 53 (Part I). Art. 7627. (in Russian).

3. Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 25, 2011 № 3318/11. Vestnik Vysshego Arbitrazhnogo Suda Rossiiskoi Federatsii — Bulletin of the Supreme Arbitration Court of Russian Federation. № 11. 2011. (in Russian).

4. Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 6, 2012 № 13567/11 in the case number A71-10080/2010-G33. Vestnik Vysshego Arbitrazhnogo Suda Rossiiskoi Federatsii — Bulletin of the Supreme Arbitration Court of Russian Federation. № 6. 2012. (in Russian).

5. Decree of the Federal Arbitration Court of the North Caucasus Military District dated September 30, 2009. № A32-6548/2009 in the case № A32-6548/2009 / / Legal reference system "Garant" (accessed 25.01.2014). (in Russian).

6. Decree of the Federal Arbitration Court of the East-Siberian region dated 23 April 2009

№ A58-2940/08-F02-1541/2009 on the case № A58-2940/08. Legal reference system "Garant" (accessed 25.01.2014). (in Russian).

7. Decree of the Federal Arbitration Court of the Moscow District dated 17.03.2010 №KG-A41/1078-10 on the case № A41-19166/09. Legal reference system "Garant" (accessed 25.01.2014). (in Russian).

8. Somenkov, S.A. Unilateral termination of the agreement. Gosudarstvo i pravo —State and Law. 2000. № 4. P. 42-45. (in Russian).

9. Decree of the Federal Arbitration Court of the Moscow District dated November 26, 2009

№ KG-A40/12271-09 on case № A40-11716/09-23-136; Decree of the Federal Arbitration Court of the Ural District dated August 19, 2010 № F09-6527/10-S3 on the case № A76-35907/2009-50-808/17. Legal reference system "Garant" (accessed 10.01.2014). (in Russian).

10. Determination of the Supreme Arbitration Court of the Russian Federation dated 10 March 2010 on the case № VAS-2110/10 № A63-5816/09-S3-16. Legal reference system "Garant" (accessed 05.01.2014). (in Russian).

11. On Amendments to Chapters 1, 2, 3 and 4 of the Civil Code of the Russian Federation and to Certain Legislative Acts of the Russian Federation: draft Federal Law № 47538- 6, Ed. I reading adopted in the State Duma on April 27, 2012. Legal reference system "ConsultantPlus" (accessed 30.01.2014). (in Russian).

12. Burgerliche Gesetzbuch (BGB). URL: http://www.buergerliches-gesetzbuch.info/bgb/247.html (accessed 10.01.2014).13. Mikriukov, V.A. On the right to refuse to perform an obligation and its limitations. Zakonodatel'stvo i ekonomika Law and Economics. 2013. № 5. P. 35-43. (in Russian).