Одностороння відмова від зобов’язання як спосіб неюрисдикційної форми захисту суб’єктивних цивільних прав
Оne-sided waiver of obligation as method of unjurisdiction form of defence of equitable civil rights

Summary/Abstract: In science of civil law category a «waiver» hasuniversal character, as it used in different legal institutes. In the Civil code of Ukraineabandonment is envisaged from: property right, transaction, ownership, obligation,agreement and others like that.Recent research and publications analysis. The questions of waiver asinvestigated the categories of civil law scientists: Bodnar T. V., Karapetov A. G. R.,Spasybo-Fatyeyeva I. V., Urazova H. O. In addition, the separate types of refuse wereexamined in the labours sanctified to certain types of civil relations.Paper objective. The article is a determination of legal nature and signsinherent to one-sided waiver from an obligation, that will allow to mark off thismethod of protection of civil rights from other.Paper main body. By general rule to parties it is forbidden in the one-sidedorder to renounce an obligation or change his terms. An one-sided waiver or changeof obligation is possible only in cases, parties (by an agreement) set by an agreementor at presence of certain in law. One of grounds of origin of right on one-sided waiveran obligation a law names offence.Оne-sided waiver from an obligation is the action of one his side, sent tostopping of obligation. After the legal nature such refuse is an unilateral transaction.In science of civil law distinguish two forms to the protection of equitable civilrights and interests: jurisdiction and unjurisdiction. Investigational essence of onesidedvidmovivid obligation as one of methods of unjurisdiction form of defence ofequitable civil rights. Correlation of this method of defence is analysed with a selfdefence.Conclusions of the research. An obligation ceases (changes) as a result ofone-sided waiver from him on such conditions: an obligation is broken (unfulfilled or executed with violation of termsthat fold his maintenance); side of obligation has a right to carry out one-sided waiver fromobligation for this type of violation; a side that renounces an obligation reported other side about it; a side that violated an obligation got a report about one-sided waiver ofother side from an obligation.

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