Grounds of termination of the contract
Автор: Romanko E.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 1 (50), 2018 года.
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The subject of research in this article is a set of civil law rules governing relations related to the grounds and consequences of the termination of civil law contracts. The purpose of the study is to analyze the current imperative requirements in the field of termination of a civil contract, as well as materials of judicial practice with regard to identifying existing problems of legal regulation of grounds for termination of the contract and the rising consequences of termination of contractual relations. As methods of research, comparative legal analysis, the method of generalization and analogy, system analysis, formal-logical, historical and comparative legal analysis were applied. The author widely considered cases from judicial practice, when the parties did not come to a mutual opinion on the termination of the contract, the recommendations of the Presidium of the Supreme Arbitration Court of the Russian Federation and decisions of the Supreme Court of the Russian Federation were ana- lyzed. In addition, the article carried out a theoretical study of the concept of «significant breach of contract» on the example of the lease agreement and the Principles of International Commercial Contracts (UNIDROIT Principles). It is concluded that a significant violation of the contract is an appraisal concept and depends on the judicial discretion. The boundaries of material- ity are initially determined by the concluded contract and directly depend on the subject of the contract. At the same time, the repeated and deteriorating quality of the object of the legal relationship is the basis for characterizing the materiality of the violation of the contractual conditions. The author also considers the significance and purpose of concluding a management agreement for an apartment building as a civil-law contract between the owner and the management organization. Based on the analysis carried out by the author, the author made a conclusion about the expediency of introducing an exhaustive list of grounds giving the right to homeowners to unilaterally terminate the contract with the management company on their own will, and in other cases, upon termination of the contract with the management company, apply the general rule of Article 450 of the Civil Code of the Russian Federation.
Termination of contract, fundamental breach of contract, damage
Короткий адрес: https://sciup.org/14119935
IDR: 14119935