Special aspects of termination of alternative obligations according to civil legislation of Ukraine

Т. О. Музика
2016 Theory and practice of jurisprudence  
The article explores some general grounds for termination of obligation. It is specially noted, that legal relationships of termination of alternative obligations are not regulated by special rules of civil legislation of Ukraine. But there are some issues associated with such limited regulation, for example: when does the alternative obligation terminate by performance, which are the special features of termination of alternative obligation by remitting the debt, impossibility to execute an
more » ... igation etc. It is reported, that researches of performance of alternative obligation has been conducted by E. L. Alekhina, K. I. Bernstein, A. M. Blashchuk, V. M. Ignatenko, A. V. Kostruba, O. A. Melnychenko, M. Panchenko, V. Holevynskyi, V. S. Petrov, S. B. Sarbash, S. Yu. Filippova, O. Yu. Shylokhvost and others. The object of the paper is to analyze legislation of Ukraine and civil theory concerning termination of obligations and their peculiarities concerning alternative obligations. Much attention is given to a moment of termination of alternative obligation by performance. It is examined, that there are two established views on this issue. First view is that the alternative obligation terminates when the choice is made. The author espouses second view, according to which alternative obligation terminates by complete performance of one of its subjects. It is underlined that the aim of alternative obligation is to satisfy the creditor's behalf and the choice is one of the stages of it. 2 Then the provisions for termination of alternative obligation by transfer of the indemnity are described. It is told that the parties' consent must include subject which are different from performances of primary alternative obligation. Further the ways of termination of alternative obligation by novation are reported. The conditions of termination of alternative obligation by offsetting are investigated. It is stressed that it depends on making a choice by empowered party. Next the author studies provision for termination of alter [...]
doi:10.21564/2225-6555.2014.2.63176 doaj:dc0a51d3fd7c49469e21eb0abab5bd4c fatcat:w3gp46yi7nhafgtmibf6m3mzke