The duration of the contract as a period of civil liability

Abstract

This scientific article is devoted to the study of the current issue of the duration of the civil obligation and its relationship with the term of the contract. According to the current legislation of Ukraine, the subjective rights and obligations of the parties to contractual obligations are valid until terminated. Every obligation has its duration, and the term is its key characteristic and is included in the content of the obligation. This applies to both regulatory relations (intact) and security (those that arise and develop autonomously after the offense). The author argues that the duration of regulatory relations is determined by the parties to the contract, and it is during the contract that the creditor’s right and the debtor’s obligation must be exercised. After the expiration of a certain period (and the term is an essential prerequisite for the contractual obligation), the regulatory relationship is terminated. However, it is emphasized that the current legislation does not define the expiration of the term as a ground for termination of the obligation. This is its significant disadvantage. Specific proposals for the legal regulation of this issue are provided. The article analyzes the real relationship between the counterparties regarding the early termination of the contract. It may be terminated not only as a result of unilateral actions of the party, but also with the consent of the counterparties and as a result of other phenomena. The author proves that the contract ends with the termination of obligations contained in the contract. In other words, it is terminated due to exhaustion of conditions. An unfulfilled contract may also be terminated early. This is possible by mutual consent of the participants, or by the will of one counterparty, if provided by the agreement or established by law. The article examines in detail the grounds and mechanisms of these actions, special attention is paid to the termination of the contract as a sanction for improper compliance with its terms. Certain criteria for distinguishing the termination of the contract from the waiver have been critically assessed, primarily on the grounds of restitution consequences. Aspects that arise as a result of early termination of the contract are also considered: after the expiration of regulatory obligations may give rise to others - security. These obligations are related to the return of the performed (for example, the return of the leased thing), compensation for damages, performance in kind of counter-obligation, etc.