Abstract

The dynamics of the obligation as a result of its contestation by one of the parties. The article is devoted to the study of the legal consequences of challenging an obligation. In order to designate the considered basis for changing the binding relationship, the terminology «violation of the implicit imperative» should be used, thereby emphasizing the threat of violation of the rights (legally protected interests) of participants in civil turnover. As a legal fact, a challenge entails the appearance of: in the content of a subjective right or legitimate interest — establishing (ascertaining) and transformative (constitutive) protective powers, in the content of a duty — protective debtor powers to object.

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