Herald of Civil Procedure

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About the Material and Procedural Law Features of the Lawsuits and Court Decisions on the Requirements for the Conclusion, Modi!cation or Termination of the Contract

D.B. Abushenko,
Candidate of Legal Sciences, Assistant Professor of the Department 
of Civil Procedure of the Ural State Law Academy

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.

Keywords: converter suit; transformative judgment; execution of court decisions on pre-contractual disputes; the contract to a third party; the merger agreement.


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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: kafedra.gp@gmail.ru).

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D.B. Abushenko