Application of the right to suspension or complete or partial disclaimer of performance of the obligation in case of failure to fulfill the counter obligation by the counterpart

Abstract

The article is devoted to the application of the right to suspension or complete or partial refusal to perform the obligation in case of non-performance of the counter-obligation by the other party, which provided for in Part 3 of Art. 538 of the Civil Code of Ukraine.
 The purpose of the article is to determine the scope and mechanism of application of the creditor's right to suspension or partial or complete refusal to perform in case of default by the debtor (to which obligations the right applies and the mechanism of its implementation).
 The material for the study was the scientific works of classic civilians in the field of compulsory, as well as modern research of Ukrainian civilian scientists.
 Research results. In the course of the article, the author clarifies which responsibilities should be considered reciprocal, distinction between conflicting and interdependent responsibilities. The author highlights the application of Part 3 of Art. 538 of the Civil Code of Ukraine in case of non-fulfillment by the buyer of the obligation to prepay for the goods. It is proven, that the norm of Part 3 of Art. 538 of the Civil Code of Ukraine may be applied in certain cases to unilateral transactions. The legal nature of the right to suspend or refuse to perform a duty in full or in part has been clarified: the author has concluded that this is the way to protect civil rights and interests. It is noted, that the law under investigation can be applied in case of non-fulfillment of a negative obligation by the other party.
 At the end of the article the conclusions, made by the author as a result of the research, are stated. In particular, it is stated, that the right to suspend or refuse to perform an obligation is applied in obligations, in which the performance is not simultaneous, but provides for a certain procedure for the parties to perform their duties. The specified right can be applied in case of non-fulfillment by the other party of the obligation of the basic duty, non-fulfillment of the auxiliary duty does not give the right to suspension or refusal of performance of the duty by other party