Venetska Maryna

Yearly journal of scientific articles Pravova derzhava Volume 32 (2021),
330-340 p.

Venetska Maryna. Terms of fulfillment of the contractual obligation: law enforcement problems

The article is devoted to the issues of legal regulation and law enforcement practice of determining the terms of performance and termination of contractual obligations, in particular, given the ambiguity of interpretation in practice of terms of termination of contract and terms of termination of obligations, including security.

The urgency of the problem lies in the ambiguity of the interpretation in practice of the terms of termination of the contract and the terms of termination of obligations, which, as can be seen, is a consequence of the insufficiently successful legal regulation of this issue by law.

The issue of extension of the obligation after the expiration of the contract is analyzed from the standpoint that the contract and the obligation are not identical concepts. Contracts are the basis for the occurrence and form of existence of obligations, which simultaneously constitute the content of the contract, but the civil obligation is not covered only by the concept of contract.

Discussion issues of certainty of the period (moment) of execution are considered, as the civil turnover is aware of the obligations with a definite and indefinite term (term) of execution, terms of fulfillment of obligations with regular payments.

The problematic issues of determining the terms of fulfillment of security obligations, in particular, guarantees, are also analyzed.

The practice of application by courts of the provisions of the legislation on the terms of fulfillment of contractual obligations has been analyzed and a number of proposals have been made to improve the current civil legislation. 

Key words: term of performance of obligations, term of performance of the contract, security obligations.


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