The legal nature of contractual obligations

Автор: Chernysheva I.V.

Журнал: Вестник экономики, управления и права @vestnik-urep

Рубрика: Право

Статья в выпуске: 1 (6), 2009 года.

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One of the grounds of termination of obligation is fulfillment of an obligation. The requirement of fulfillment of an obligation means that operations in pursuance of obligations should satisfy the conditions of obligation, requirements of law, other statutory acts, trade customs and other usually stated requirements. In suggested article views on the problem of legal nature of operations, accomplishing in pursuance of obligations, existing in legal doctrine and in judicial practice, were analyzed and one's own conception of fulfillment of an obligation was suggested. In the opinion of the author, operation in pursuance of obligations is represented by aggregate of various legal facts -unilateral transactions, accomplished by a debtor and a creditor, which produce a complicate legal corpus and focused on satisfaction of valuable interest or other socioeconomic interest and on termination of obligations, whereanent one's own conception of retrofit of legal rules regulating performance of obligations. It is suggested to embody paragraph 1 section 408 of Civil Code of Russia Federation in the following version: "Obligation terminates by proper execution by debtor and acceptance of performance by creditor".

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Короткий адрес: https://sciup.org/14214288

IDR: 14214288

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