Отказ от осуществления прав по договору на основании положений Гражданского кодекса Российской Федерации

Abstract

In this study, the author was interested in the legislative approach to the conditions and methods of implementing the provisions of the Civil Code of the Russian Federation (RF Civil Code), which consider the possibility of a refusal to exercise rights under the contract as an exception to the general rule, when such refusal in the future will entail the inadmissibility of repeated exercise of this right for the same reasons. The author analyzed certain norms of the RF Civil Code, when provisions on a refusal to exercise rights under the contract found their application in specific situations. Such norms of the RF Civil Code confirmed the main goal of the legislator when introducing the provisions under study. It consists in ensuring that business entities fully use the freedom of a contract, exercise their rights in the contract at their own discretion, exercise the right of a refusal, but do not seek to abuse the freedom granted to them. As a part of the analysis of the RF Civil Code norms, the author identified the conditions and methods for implementing the provisions on a refusal to exercise rights, the consequences of such a refusal, as well as distinctive features allowing distinguishing the provisions under study from the RF Civil Code provisions on the repudiation of a contract (its execution) as a whole. Conclusions are drawn that allow understanding the legal sufficiency and practical necessity of applying the studied provisions of the RF Civil Code in civil circulation.