Abstract:
The purpose of the research is to determine the scope and mechanism of
applying the creditor’s right to suspension or partial/complete refusal to perform a duty
in case of non-fulfilment of the counter duty by the debtor (obligations the specified
right is applied to and the mechanism of its implementation). Main content. The legal
nature of the right to suspension or complete/partial refusal to fulfil a duty has been
clarified: the author concluded that this is a way to protect civil rights and interests.
Attention is drawn to the fact that the studied right can be applied in case of nonfulfilment
of a negative obligation by the other party. Conclusions. The right to
suspension or refusal to fulfil a duty shall be applied to obligations when their fulfilment
is not simultaneous, but a certain procedure for performing parties’ duties is provided
for. This right can be applied in case of other party’s non-fulfilment of its main duty
within the obligation, non-fulfilment of an auxiliary duty does not entitle the other party
to suspend or refuse its duty.
