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Unilateral Refusal of Performance of the Obligation and Its Legal Consequences

Student: Dmitriy Palamarchuk

Supervisor: Anna A. Ivanova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

New general norms of the amended Civil Code of the Russian Federation set up a possibility to refuse performance of an obligation by paying the termination fee. The subject being analyzed is a problem relating to the legal nature of this opportunity. The author concludes that the grounds and consequences of unilateral refusal depend on the type of the contract. Moreover, the qualification of termination fee as means of securing an obligation is incorrect, similarly it can not be regarded as compensation. The author analyzes the current judicial practice, the provisions of different Federal laws and by-laws, offers a classification of the grounds for unilateral refusal and ways to solve existing practical problems. Key words: unilateral refusal, performance of obligation, termination fee, refusal of contract, arbitration practice.

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