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Article Right to Deduction and Deduction — Independent Methods of the Protection of Creditor’s Rights in Contractual Obligation
Authors Puchkovska I.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 8 / 2012
Pages 218 - 226
Annotation Figuring out the legal nature of the right to deduction, the author distinguishes as the separate methods of the creditor`s right protection in the contractual obligation: 1) the right to deduction-the measure of the operative influence consisting of the not transferring to the debtor of his things till the performance of the infringing obligation; and 2) deduction — a kind of the ensuring of the infringing obligation fulfillment giving to the creditor the fulfillment of the infringing obligation on the account of the deducted thing cost. The sphere of the deduction use — the protection of the creditor`s infringed rights both in relation to payment of the withheld thing or creditor`s recovery connected with it costs and other losses so also creditor’s cash requirements being the result of other contracts.
Keywords methods of the creditor’s rights protection, measures (means) of the operative influence, right to deduction, kinds(methods) of the ensuring of the obligation fulfillment, the contract ensuring, deduction.
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