LEGAL NATURE AND CONSEQUENCES OF BREACH OF OBLIGATIONS UNDER THE CIVIL LEGISLATION OF UKRAINE

Abstract

The goal of the work. The purpose of this study is to determine the legal nature, nature and consequences of breach of obligations, as well as on the basis of analysis of the relevant provisions of civil law of Ukraine to formulate proposals for their improvement. Methodology. The research used a certain set of general scientific and special scientific methods, which ensured the objectivity of the reflection of the subject of research: dialectical logic, formal-legal, system analysis. The method of dialectical logic became the basis of the methodological construction and defined the research strategy. The formal-legal method was used in the study of domestic legislation, to analyze the content of legal norms and to formulate definitions of relevant concepts. Thanks to the system-analytical method, the system of conditions for fulfillment of obligations, types of breaches of obligations and their legal consequences are considered. Scientific novelty. The article presents and analyzes the regulations of the current Civil Code of Ukraine on enforcement requirements, types of breaches of obligations, as well as the legal consequences of breaches of obligations. Based on specific examples, the existence of gaps in domestic legislation, for example, in which participants are from different continents (for example, Ukraine and the United States), the real time of which differs significantly. The structure of the relevant sections of the Civil Code of Ukraine is analyzed, the shortcomings are indicated, for example, in the list of legal consequences of violation of the obligations of Art. 611 of the Civil Code of Ukraine does not take into account the legal consequences of breach by the debtor of the obligation provided by certain types of security for the fulfillment of obligations under another chapter of the Code. Taking into account the identified shortcomings, gaps, suggestions for improving domestic legislation were provided. Conclusions. The legal nature of the breach of obligations is non-compliance with the established conditions of performance in relation to the subject, subjects, term, place, method. There is an urgent need to improve the legal mechanisms for the protection of property and personal non-property rights of the subjects of binding legal relations. Among them, the priority should be given to legal remedies. Therefore, in order to improve, the norms of the civil legislation of Ukraine on the conditions of fulfillment of obligations, as well as the legal consequences of breach of obligations should be revised and supplemented.