Ways to protect the rights of parties of contract : theoretical and practical aspects

  • O.I. Zozulyak

Abstract

The article is devoted to the study of protection the rights of participants in contractual relations. The scientific article examines the definition of «protection the rights of participants in contractual relations», «civil liability».
The article based on the application of the Supreme Court of Ukraine practice.
The author of the article agrees with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed. It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage.
Considering the above, the purpose of the study is to analyse the doctrinal and regulatory aspects of ways to protect the rights of the parties to the contract during resolving their disputes and determine the main trends in the practice of the Supreme Court of Ukraine on this problem.
The author of the article investigated approaches to understanding the concept of a way to protect subjective civil rights enshrined in law, the issues of the legal consequences of non-fulfillment of monetary obligations, significant expansion of the application into practice article 625 of the Civil Code of Ukraine. The use of such method of protection of rights as the recognition of a contract as invalid is investigated. The problem of applying the recognition of the contract as invalid as a way of protection is analyzed not for the protection of civil rights or interests, but for the purpose of non-fulfillment of obligations arising from public legal relations or non-fulfillment of debt obligations.
The main results of the article are the construction of national civil law on the pandect system by separating the general and special parts to determine the correct application in judicial practice of general and special provisions of the Code, which regulate certain legal institutions.

Published
2022-09-15