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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Daria Sergeeva
The Unilateral Refusal to Execute a Contract
Jurisprudence
(Bachelor’s programme)
2016
This graduation qualification paper is devoted to institution of unilateral refusal to perform the contract. The aim of this paper is to provide a complex study of key issues related to unilateral refusal from the contact.

Since 1 June of 2015 legal regulation of this institution has undergone significant changes. In this regard among with analysis of positions presented in the doctrine a special focus in this paper is given to consideration of novelties of the civil legislation.

The structure of this paper consists of introduction, four chapters, conclusion and bibliography. Chapter I examines the legal nature of unilateral refusal, the ratio of various terms referred to the legislation and the doctrine in view of unilateral refusal is also determined. Chapter II considers the various grounds, causing the realization of the right to unilateral refusal. Chapter III describes the legal consequences of unilateral refusal from the contract in whole or in part. Finally, Chapter IV provides an analysis of such novel as payment for unilateral refusal.

In the course of the study the following conclusions were presented. Firstly, the legal nature of unilateral refusal to perform the contract is unilateral bargain. Secondly, the grounds for realization of the right to unilateral refusal can be divided into three groups: 1) breach of contract; 2) other conditions that are not connected with breach; 3) unconditional refusal. Thirdly, termination of contract as legal consequence of refusal from the contract in whole not always leads to termination of all obligations of the parties under the contract; refusal to perform the contract in part is permitted if the obligation has not been fulfilled yet and it is divisible. Finally, the term of payment for refusal is unacceptable, if the provision of law that provides the right to unilateral refusal is imperative; if it is dispositive the refusal from the contract can be stipulated by payment in the case of unconditional refusal.

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