TO THE QUESTION OF THE LEGAL NATURE OF THE CHANGE OR TERMINATION OF CONTRACTS IN MATERIAL CIRCUMSTANCES

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TO THE QUESTION OF THE LEGAL NATURE OF THE CHANGE OR TERMINATION OF CONTRACTS IN MATERIAL CIRCUMSTANCES

Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 4

Abstract

The proposed article provides a scientific analysis, systematization, evaluation, development of priority areas of civil law in the field of contract law, namely the change or termination of the contract in connection with significant changes in circumstances, the legal nature and consequences of change or termination of contracts for essential circumstances. At the same time, it is noted that contract law differs from other branches of law in a very important respect: it does not establish so many specific rights and obligations that the law will protect and ensure; rather, it contains a number of restrictive principles, provided that the parties to the contract can create rights and obligations for themselves, and the law will support these rights and obligations. It is noted that the parties to the contract should take into account several important elements in establishing a legal and mutual agreement between the two parties. The parties to the contract must have the intention to create a legal obligation between themselves through the form of an offer and acceptance. They should have the intention with respect to the obligation to fulfil the promise and to give the right to demand its fulfillment. The intention must be not just moral, but legitimate. If the parties do not intend to do so at the time of the conclusion of the contract, there will be no valid contract between them. The elements of the contract are: 1) the competence of the parties to the contract; 2) reinforcement of the consideration of the terms of the contract, the possibility of the contract; 3) mutual consent of the parties involved in the contract; 4) the legitimate purpose of the contract; 5) the conclusion of the contract in the form required by law. It is proved that the established procedure for changing or terminating the contract, in the presence of significant changes in circumstances, has some features. Thus, one party to the contract must first contact the other party with the appropriate proposal to change or terminate the contract for a significant change of circumstances. The other party is obliged to send the party that made the proposal to amend or terminate the contract or the notification of consent to the proposal of the party to amend or terminate the contract for significant changes in circumstances; or a notice of rejection of a party's offer to modify or terminate the contract for material changes in circumstances; notice or consent to a change in the contract for a material change in circumstances on other terms.

Authors and Affiliations

Oleksandr BOBOSHKO

Keywords

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EP ID EP669926
DOI -
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