Responsive image
Article The Functioning of Law Termination Mechanism out of Suspending and Resolutive Conditions of a Deal
Authors Kostruba A.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 10 / 2013
Pages 210 - 217
Annotation

This article is dedicated to examination of the peculiarities of legal regulation functioning mechanism with suspending and resolutive conditions of a deal. The author states that the peculiarities of legal regulation functioning mechanism of suspending condition, for instance, appear mostly irrespective of the fact whether this item of property was handed over (if it is proprietary relations) from obligor to creancer. The moment of origin of right is not the fact of handing over the item, but the fact of occurrence of the suspending condition.

Depending on volitional orientation of a person the author suggests two ways of termination mechanism functioning after the analysis of the process of civil rights and responsibilities termination with suspending and resolutive conditions of a deal: objective and subjective. 

Objective termination is characterized by the fact that rights, responsibilities, legal relations, legal personality of the individual are ended automatically with occurrence of the definite condition. 

According to the author, subjective termination appears after parties consider not the actual moment when definite condition occurs to be the moment of suspending and resolutive conditions emergence, but the moment when the person or relevant persons get to know about the occurrence of the definite circumstance.

Keywords mechanism, law termination, deal, suspending condition, resolutive condition.
References
Electronic version Download