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Title |
Counter fulfillment of mutual obligations |
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Authors |
Ershov Igor Igorevich
doctoral candidate of the
Russian Academy of
Justice, lawyer of Law Office «Khalimon and Partners»,
Moscow. Bld. 2, 16,
Myra Av., 129090, Moscow. E-mail: igor-ersh@mail.ru |
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Section |
Civil
law |
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Issue |
1/2014 |
Page |
81-84 |
index UDC |
347.41 |
index LBC |
Х404.200 |
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Abstract |
The author analyzes the problem of fulfillment of
mutual obligations, considers
the current scientific approaches and judicial
opinion, and expresses
his position on this issue. The author distinguishes
between the category of
temporary measure of fulfillment of mutual
obligations and the category of the
procedure of fulfillment of mutual obligations and
proceeds from the necessity
to introduce a special legal regime aimed at the
detailed regulation of the
sequence of fulfillment of mutual obligations: the
condition on the sequence of
fulfillment of mutual obligations must be an
essential condition of the contract
which is the basis of mutual obligation in the
absence of restrictions of the
freedom of the parties to consolidate the procedure
for fulfillment f mutual
obligations, freedom of contract, an essential
condition on the sequence of execution of mutual
obligations. |
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Keywords |
mutual obligation, counter fulfillment, previous
fulfillment, the
interdependence of the fulfillment, refraining from
the actions, the simultaneity
of the fulfillment of mutual obligations, freedom of
contract, an essential |
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