SOME FEATURES OF THE RIGHTS CHANGE AND TERMINATION OF THE CONTRACT
https://doi.org/10.17803/2311-5998.2019.56.4.236-242
Abstract
The article discusses some features of the rights to change and terminate the contract. Considered: agreement on amendment and termination of the contract, termination of the contract by a court decision and unilateral refusal to perform the contract as a basis for modification and termination of the contract. The author notes that the main feature of the institution of change and termination of the contract is the will of the parties to the contract, which determines the chosen method of termination of obligations. It is proved that the structure of subjective rights in establishing the legal regime of change and termination of contracts differs from the structure of subjective rights in their theoretical representation. It is concluded that the termination of the contract should be distinguished from the termination of obligations (including the contract), and it is also justified that the right to change and terminate the contract should be recognized as one of the types of rights to protection.
Keywords
Contract,
termination,
amendment,
contract,
agreement,
judgment,
unilateral refusal to perform the contract,
termination of the obligation,
power,
subjective right,
freedom of contract
About the Author
M. A. Egorova
Kutafin Moscow State Law University (MSAL)
Russian Federation
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