In the article the author examines the characteristics of the courts requirements on conclusion, change and termination of the contracts. Ee problems of enforcement of court decisions on the conclusion, modification and termination of the contract, that the content of the judgment to the will and intentions of the parties. This construction is also considered in relation to the conclusion, change, termination of the contract with the third party, it is concluded that the parties (creditor and debtor) may not, without the consent of the beneficiary determine the moment at which the contract will be terminated if the court’s decision terminated it. In relation to the termination of the contract, the courts are encouraged to consider the degree of fulllment of the obligations by the parties. It is concluded that the adjudication of termination given moment at which the contract is terminated, determined by agreement of the parties, which may be contained in the contract itself, and be the result of an independent transaction entered into by the parties at any time up to the judgment. Ee parties also have the right to determine the time of the termination the contract, as they have entered into them affer the commencement of the case into a conditional agreement – agreement of legal effects only if the adjudication of the claim is avoided in the contract.
Karapetov A.G. Major trends of regulatory termination in breach of contract under foreign and Russian civil law: Abstract of Dissertation. Doctor of Legal Sciences. M., 2011. P. 14.
Karapetov A.G. Termination of breached contract in Russian and foreign law. M., 2007.
Egorova M.A. Unilateral refusal to perform a civil contract. 2nd ed., revised and expanded. M., 2010. Ilyushina M.N. Problems of the unilateral termination of the contracts with entre- preneurs in the light of the Concept of improving the civil law // Laws of Russia: experience, analysis, and practice. 2010. No. 12. P. 14–20.
Nolken A.M. Contracts in favor of third parties. The experience of theoretical research on civil law. St. Petersburg, 1885. P. 84–108.
Shershenevich G.F. Textbook of Russian civil law. M., 1912. P. 520.
Braginsky M.I., Vitryansky V.V. Contract law. Book 1: General propositions. 3rd ed., stereotypical. M., 2001.
Tretyakov S.V. Formation of the concept of secondary rights in the German civil doctrine (for publication of the Russian translation by E. Zekkel «Secondary rights in civil law») // Herald of Civil Law. 2007. Vol. 7. No. 2. P. 253–270.
Agarkov M.M. Obligation on Soviet civil law. M., 1940. P. 70–72.
Alekseev S.S. Unilateral deals in the mechanism of civil regulation // Theoretical problems of civil rights. Issue 13. Sverdlovsk, 1970. P. 65–67.
Tarasenko Yu.A. Contract in favor of third parties: features of legal construction // Deals: theory and practice: Collected papers / Ed. by M.A. Rozhkova. M., 2008.
Lesnitskaya L.F., Klein N.I. Concept of the civil procedural and arbitration legislation // Legal reform: The concept of the Russian legislation. M., 1995. P. 169–174.
Comments on the Civil Code of the Russian Federation (the educational and prac- tical). The first, second, third, fourth parts (itemized) / S.S. Alekseev, A. Vasiliev, V.V. Golofaev and others; Еd. by S.A. Stepanov. 2nd ed., revised and expanded. M.; Ekaterinburg, 2009.
Comments on the Civil Code of the Russian Federation. Part Two: Training and practical commentary (itemized)] (In Russian) / E.N. Abramova, N.N. Averchenko, K.M. Arslanov and others; Ed. by A.P. Sergeev. M., 2010.
Gordon V.M. Claim for prohibiting (literary review). St. Petersburg, 1913.
Ratner A.S. Claims for prohibiting // Bulletin of Soviet Justice. 1925. No. 14. P. 547–548.
Glantz R. Claims for prohibiting and providing them // Law and Life. 1926. Book 1. Muradyan E.M. Social action and the resonance of the judgment // Soviet State and Law. 1983. No. 3. P. 46–54.
Muradyan E.M., Tikhinya V.G. Precautionary action in the civil process // Jurispru- dence. 1987. No. 4. P. 75–79.
Savelyev A.I. Contract of treaty in the Russian civil law // Herald of Civil Law. 2010. Vol. 10. No. 5. P. 13–75.
Rozhkova M.A., Eliseev N.G., Skvortsov O.Yu. Contract law: agreements on jurisdic- tion, international jurisdiction, conciliation, arbitration and the settlement agree- ment / Ed. by M.A. Rozhkova. M., 2008.
Information about the author
Abushenko D.B. (Ekaterinburg) – Candidate of Legal Sciences, Assistant Professor of the Department of Civil Procedure of the Ural State Law Academy (620137, Russian Federation, Ekaterinburg city, Komsomolskaya st., 21, room 404, e-mail: firstname.lastname@example.org).