Оne-sided waiver of obligation as method of unjurisdiction form of defence of equitable civil rights

Abstract

In science of civil law category a «waiver» has
universal character, as it used in different legal institutes. In the Civil code of Ukraine
abandonment is envisaged from: property right, transaction, ownership, obligation,
agreement and others like that.
Recent research and publications analysis. The questions of waiver as
investigated the categories of civil law scientists: Bodnar T. V., Karapetov A. G. R.,
Spasybo-Fatyeyeva I. V., Urazova H. O. In addition, the separate types of refuse were
examined in the labours sanctified to certain types of civil relations.
Paper objective. The article is a determination of legal nature and signs
inherent to one-sided waiver from an obligation, that will allow to mark off this
method of protection of civil rights from other.
Paper main body. By general rule to parties it is forbidden in the one-sided
order to renounce an obligation or change his terms. An one-sided waiver or change
of obligation is possible only in cases, parties (by an agreement) set by an agreement
or at presence of certain in law. One of grounds of origin of right on one-sided waiver
an obligation a law names offence.
Оne-sided waiver from an obligation is the action of one his side, sent to
stopping of obligation. After the legal nature such refuse is an unilateral transaction.
In science of civil law distinguish two forms to the protection of equitable civil
rights and interests: jurisdiction and unjurisdiction. Investigational essence of onesided
vidmovivid obligation as one of methods of unjurisdiction form of defence of
equitable civil rights. Correlation of this method of defence is analysed with a selfdefence.
Conclusions of the research. An obligation ceases (changes) as a result of
one-sided waiver from him on such conditions:
 an obligation is broken (unfulfilled or executed with violation of terms
that fold his maintenance);
 side of obligation has a right to carry out one-sided waiver from
obligation for this type of violation;
 a side that renounces an obligation reported other side about it;
 a side that violated an obligation got a report about one-sided waiver of
other side from an obligation.