legal protection frames of interest of the debtor in the contractual The obligation

The basic role in maintenance of interest of the party of the obligation, certainly, is played by protection frames as are applied already after perfect infringement of protected interest.

According to M.A.Rozhkovoj, all remedies at law are necessary for differentiating on legal protection of the rights defining the form, and the means defining a way of protection [177].

To the first the author carries only two-way deals (the agreement on jurisdiction, the agreement on the international jurisdiction, the arbitration agreement, the agreement on a choice of procedure of reconciliation), and to the second, besides bilateral and multilateral transactions (for example, settlement, verification of calculations), also unilateral contracts (unilateral refusal of execution of a contract) and legal acts (in particular, deduction, suing).

It is represented what to agree with given classification is possible only in the event that the legal means defining the form of protection, will be understood only as what are applied within the limits of guarding, but not reguljativnogo legal relations. For a recognition of this or that tool a protection frame it is necessary, that it was used for achievement of certain legal result - suppressions of infringement and-or elimination of its negative consequences. In this aspect achievement between the parties of the transaction of the agreement on jurisdiction or the arbitration agreement on transfer of dispute which can arise in the future, on consideration of concrete court cannot admit a protection frame. Moreover, it is difficult to consider such agreement and a warning facility as definition of court of competent jurisdiction in itself does not guarantee observance by the parties of the established rules of behaviour. However when the named tools are used by the parties already after perfect infringement with a view of elimination of its negative consequences, it is really possible to consider them as protection frames.

The most applicable legal protection frames of interest of the debtor are remedies, such as the claim, the statement, the complaint, representation, etc. By the legal nature they can be carried to legal acts as they are expressed in actions of the carrier of interest, and their use assumes occurrence of special remedial legal relation. Such reference to the court represents realisation of competence of use of compulsory force of the courts of justice, carried out by means of the reference to the authorised body which possesses the right of removal of the obligatory decision for the parties.

It is necessary to notice, that in the theory of civil procedure the concept of the claim reveals in two senses:

1) in remedial - as the reference of the claimant to court with the request for consideration and the permission of financially-justiciable dispute with the respondent and protection of the broken right or interest protected by the law;

2) in material - as the right to satisfaction of the claims (incorporeal right). The given property is inherent also in other remedies - to statements, complaints and so forth

From the told follows, that for claim application (and other judicial protection frames) it is necessary not only the fact of belittling of interest of the debtor, and the fact of infringement of its rights and the legitimate interests fixing its objective interest.

Differently, the carrier of interest for its protection by the specified means should possess the right of defence.

Owing to the dual nature of the claim (remedial and it is material - legal) classifications of claims also are based on reflexion of one of the named aspects of the given phenomenon. Classification of claims on materialnopravovomu to a sign allows to allocate claims for separate categories of [178] financially-legal relations within the limits of branches and podotraslej the Russian right (civil, family, labour, hereditary, housing etc.).v the turn, the named kinds of claims can share on subspecies. For example, civil suits are subdivided into claims from causing of non-contractual harm, claims from debt relationships, etc. Claims from debt relationships also consist of the claims following from


Separate kinds of contracts: purchase and sale, rent, exchange, storage and so forth

By remedially-legal criterion (on the purpose, the subject of action) claims are classified on claims about a recognition, claims about award, converting claims [179 [180] [181].

Allocate also classification of claims by character of protected interest, subdividing them on personal, in protection of public interests, in protection of the rights of other persons, derivatives (indirect) and class actions [182].

The most important property of the claim as remedies is reflexion in it of a way of restoration of the broken right as any reference to court with the requirement about protection necessarily should contain instructions for a way of such protection. The instructions of an incorrect or inapplicable way of protection of the broken interest can entail refusal in its protection.

As specifies O.M.Rodnova, the right to apply a corresponding way of protection arises from the moment of an offence, objectively-illegal act or right contest, and also approach of other juridical facts provided by hypotheses of guarding norms. The maintenance of a way of protection is predetermined by three factors: character of the conflict situation which has formed the basis of application of measures of protection, character of the broken

The rights, a legal status of the person who have admitted an offence. Thus, as fairly specifies E.I.Veliev, the way of protection should be adequate to infringement, together they should form the system which one element is adjusted with another. In this connection the most suitable to the purposes of the present research is classification of claims about protection of interest of the debtor in the obligation by remedially-legal criterion.

Claims about a recognition are directed on acknowledgement by court of presence of the certain right or legal relation. They represent requirements about awarding judgement about a recognition (acknowledgement) of presence or absence of disputable legal relation as a whole or the concrete right or a duty.

The most suitable to the purposes of protection of interest of the debtor in the obligation is the claim about a recognition of the transaction void and application of consequences of invalidity. However it is necessary to consider feature of a legal status of the debtor as the subject of protection.

Often debtor in the contractual obligation, initiating protection of the interest, is the party which has already received counter granting from the counterpart (it is characteristic for contracts of the credit, a loan, acquisition of the goods with a delay of payment, etc.). The given circumstance imposes certain restrictions in application of protection frames by contract contest.

So, according to item 5 of item 166 GK the Russian Federation and to the explanations resulted in item 70 of the Decision of Plenum of the Supreme Court of the Russian Federation from 23.06.2015 № 25 źAbout application by vessels of some positions of section of I part of the Russian Federation first the Civil code╗ [183 [184] [185], the statement made in any form for invalidity (negligibility, voidability) transactions and about application of consequences of invalidity of the transaction (the requirement shown in court, statement of defence against the claim, etc.) Has no legal effect if the person referring to invalidity operates unfairly, in particular, if its behaviour after making deal gave the basis to other persons to rely on the transaction validity. Besides, the requirement of the debtor who has accepted execution under the contract, on a recognition of such contract void also comes under to a deviation owing to item 2 of item 431.1 GK the Russian Federation as, having received in full execution from the creditor, it loses the right to refer to its invalidity.

Rules of item 5 of item 166 GK the Russian Federation fix principle application estoppel in which force the person loses the right to refer to any facts in a substantiation of the requirements and objections at approach of certain circumstances.

As specifies I.J.Sofonov, in domestic judiciary practice for the first time the given principle has been applied in the Decision of Presidium of the Supreme Arbitration Court of the Russian Federation from 22.03.2011 № 13903/10 on business № А60-62482/2009-С7 in which the court, considering a question on, whether has the right to demand the party of dispute payment of the penalty which have been not specified in the agreement of lawsuit, has considered, that absence in the agreement of lawsuit of any additional obligations means achievement by the parties of the agreement on the full termination of the civil-law conflict that involves loss of the right of the parties on promotion of new requirements (estoppel) [186].

Today in the legal literature quite obosnovanno possibility of application of the specified principle not only to the decision of remedial questions, but also in material legal relations is marked. Thus for a situation estoppel are characteristic following konstitutivnye elements:

1) presence at the subject of law of a clear position (representation) concerning the fact/right;

2) realisation of actions by the person who has honesty relied on representation of the first subject;

3) presence of the fact of creation of a situation estoppel when the subject of law has essentially changed in the subsequent the initial position on the certain question, concerning the same facts (has admitted inconsistent behaviour concerning other subject of law);

4) drawing to the applicant of a real damage the developed situation [187].

In the specified circumstances application of such legal protection frame of interest as the claim about contest of the transaction by the debtor who has accepted execution, contradicts legal nature of a principle estoppel, following from źa diligent constancy in behaviour of the subject concerning a certain actual or legal situation╗ [188 [189].

This rule, however, does not extend on cases when acceptance by the debtor of obligations occurred under the influence of error in essentia, deceit, violence, threat or adverse circumstances (item 178-179 GK the Russian Federation) and also if the execution given by another party is connected with obviously unfair actions of this party. It is simple to notice, that the list of the exceptions reflected in given norm, is not settling. As fairly notices V.V. Kulakov, it is one of few cases when realisation of the right for protection of the broken right by suing about a recognition of the transaction void contacts

~ 198

Actions of other party which have estimated character.

So, for example, in item 4 of the Review of judiciary practice of the Supreme Court of the Russian Federation for 2015, the Supreme Court of the Russian Federation 25.11.2015 [190] approved by Presidium, the position of the court of justice, that goods delivery, performance of works or rendering of services with a view of satisfaction of the state or municipal needs in the absence of the state or municipal contract even in the presence of arrangements between the executor and the customer do not generate at the executor the right to demand payment of corresponding granting is reflected. In the given example the court qualified actions of the executor who has performed works as unfair owing to that was known to the last about necessity of the conclusion of the state contract, however the given requirement of the law has not been executed by the parties. Under the specified circumstances the reference of the debtor to invalidity of the agreement concluded in infringement of competitive procedures, is admissible, despite the fact of reception of execution from other party.

The general consequence of invalidity of the transaction is the bilateral restitution (item 2 of item 167 GK the Russian Federation) - each of the parties another comes back all received under the transaction, and in case of impossibility of such return cost executed in money if other consequences of invalidity of the transaction are not statutory is compensated. Application of general provisions on consequences of the void transaction (the Russian Federation) for protection of interest of the debtor means item 167 GK, that last is obliged to return to the creditor only that by it has been received under the transaction (i.e. Without a payment established by the contract). For example, at invalidity of the loan for consumption, in case of its execution by the debtor regarding payment of percent for using money resources, the creditor has an unjust enrichment in the form of a difference between the paid debtor and the key rate of Bank of Russia.

Converting claims are defined as the claims directed on adjudication which something should be brought new in legal relations existing between the parties. The positive decision under converting claims attracts occurrence, change or the right termination.

More often the basis of application of the converting claim as a protection frame of interest of the debtor in the obligation is connected with qualification of the agreement as the contract of adhesion.

According to item 1 of item 428 GK the Russian Federation the contract of adhesion admits the contract which conditions are defined by one of the parties in formulations or other standard forms and could be accepted other party precisely by joining to the offered contract as a whole. The given legal definition of the contract of adhesion has formed the basis for development by the doctrine of several signs:

Joining treaty provisions are defined only by one party of the contract;

The specified treaty provisions can or be accepted completely by other party, or completely be denied;

The contract of adhesion should consist in writing [191].

As defining in the literature second sign often is called. So, according to V.V. Vitrjanskogo, the basic sign of a typical design of the contract of adhesion concerns not an actual way of its conclusion (when the text of the contract offered by one party and signed another, represents the standard data card developed by one of counterparts), and that circumstance, that conditions of the given contract could be accepted other party precisely by joining to the offered contract in whole (item 1 of item 428 GK) [192]. Such approach, as a matter of fact, has fixed opinion that on a part of the contract position about the contract of adhesion does not extend, and joint definition at least one of treaty provisions the parties does not allow to qualify the agreement as the contract

Joinings [193].

The specified conclusion has been subjected to the fair criticism from researchers. So, E.V.Fedulina, being based on positions of item 2 of item 5 of the Federal act about the consumer credit, specifies, that to treaty provisions of the consumer credit (loan), the conditions adjusted by the creditor and the borrower (individual conditions), item 428 GK the Russian Federation [194] is applied.

Possibility of application by the debtor of the specified legal protection frame of the interest depends on other circumstance, namely the maintenance of the contract. So, proceeding from the legal position formulated in item 9 of the Decision of Plenum of the Supreme Arbitration Court of the Russian Federation from 14.03.2014 № 16 źAbout freedom of the contract and its limits╗ when it will be established, that at the making contract which project has been offered one of the parties and comprised the conditions which are obviously burdensome for its counterpart and essentially breaking balance of interests of the parties (unfair contractual conditions), and the counterpart has been put in the position complicating the coordination of other maintenance of separate treaty provisions (that is it has appeared weakness of the contract), the court has the right to apply to such contract of position of item 2 of item 428 GK the Russian Federation about contracts of adhesion, having changed or having terminated the corresponding contract on request of such person. Differently, besides impossibility of the debtor to participate in definition of treaty provisions there should be a fact of infringement of its interest - fastenings at the contract of unfair conditions.

It is necessary to notice, that change and contract cancellation under the maintenance and legal effects have essential distinctions. At contract change reguljativnoe the legal relation which has arisen between the parties, continues to exist in already changed kind, and in case of cancellation of the contract the obligation of the parties stops. Therefore at cancellation of the contract of the party have not the right to declare the requirement return executed by them under the obligation (item 4 of item 453 GK the Russian Federation).

Claims about award, being the most widespread in judiciary practice by a kind of claims, contain concrete financially-legal claim to the respondent, based on legal relation available between them. In the claim about award the claimant demands from court to oblige the respondent to make certain action (for example to repay a debt) or to refrain from fulfilment of certain actions (for example not to repair obstacles to using property). The reference of the debtor in court should be caused that the creditor in a voluntary order does not fulfil the duties. Enforcement by the party of obligations of certain actions is the obligatory purpose and the integral sign of claims about award, therefore them still name executive claims.

In the educational literature it is noticed, that for the claim about award are characteristic:

1) compulsion of the respondent to fulfilment of certain actions or to abstention from them;

2) the requirement of the claimant of reception of certain material satisfaction by it at presence on that of lawful basises;

3) application both in case of right infringement, and in case of continuation of its infringement;

4) final process excitation, voluntary or enforcement within the limits of final process as consequence of satisfaction (except claims about a prohibition) [195].

With a view of protection of interest of the debtor in the obligation claims about indemnification of moral harm, the requirement about award to obligation execution in nature can be used vindikatsionnye and negatory actions (a protection frame of real rights), actions for damages, about penalty, percent.

Requirements on vindikatsionnym and to negatory actions though follow from infringement of the absolute powers (the property right and other real rights), can be applied and to protection of interest of the debtor in the obligation, in particular at wrongful deduction by the creditor of property of the debtor, creation of obstacles by it on using the property, etc.

Concerning claims about award to obligation execution in nature in the legal literature the orientation of the given means for maintenance of interest of the creditor, as a rule, is underlined. So, according to T.I.Brynovoj, the given way of protection assumes possibility of compulsion of the debtor to execute actions which it should make owing to the available civil-law obligation. However the similar unilateral sight at possibility of application of the specified protection frame is represented incorrect.

As fairly believes M.N.Maleina, the way of protection by award to execution in nature can be applicable including to maintenance of performance with the creditor of the duties [196 [197] [198]. In this connection at any default of the obligation by the creditor, expressed in inadequate fulfilment of the actions ordered by the law or the contract by it, caused a damage in the obligation, to the last the claim can be declared award to discharge of duty in nature to interest of the debtor. Interest infringement can be expressed in wrongful unilateral write-off by the creditor of money resources from the account of the debtor; non-presentation by the creditor of the information on debts of the debtor; infringement of an order of sequence of repayment of debts at its execution, etc.

One of most often applied protection frames of interest of the debtor is the action for damages. The orientation of the given means for interest maintenance is supported by many authors. In particular, according to U.Mattei, the indemnification concerns a category of such protection frames which protect interest, but not the right. According to a position of the author any property right should be protected by real way of protection. Other protection should be considered as a measure of protection of interest, instead of a subjective property right.

The damage can be caused interest of the debtor as inadequate execution by the creditor of the duties (for example, information), and the general instructions to operate reasonably, honesty, not breaking the rights and legitimate interests of other persons. In the first case the requirement about the indemnification should be carried to contractual responsibility of the creditor; in the second - to non-contractual (kondiktsionnoj or delictual). So, say, disclosure of personal data of the debtor generates a liability of infringement the creditor of conditions of the obligation. Write-off from the account of the borrower of sums of money on account of payment of the commission which have been not established by the agreement of the parties, attracts responsibility for causing of non-contractual harm.

It is necessary to notice, that along with giving of the corresponding claim by means of interest of the debtor tools under the order the claim (subject or cause of action change, refusal of the claim, the statement for the security for cost, the agreement of lawsuit) can be also.

Besides, as manufacture on business can be initiated not only the debtor, whose interest is broken, but also other person, including the creditor, with a view of maintenance of realisation of such interest other legal remedies can be used: objection against the claim, the statement about podlozhnosti proofs, the petition for appointment of examination, the complaint and representation. Among the special means, allowing to provide interest of the debtor, in this case it is necessary to allocate: the statement for the admission the creditor of the period of limitation; the statement for penalty reduction; the statement for reduction of the size of the percent provided by the contract; the counterclaim.

It is important to consider, that remedies of interest of the debtor concern not only the tools applied at unfair behaviour of the creditor, i.e. At interest infringement. Belittling of interest of the debtor can be connected with the circumstances which are not dependent on behaviour of the parties. We will tell, in case of default of obligations by the debtor in connection with its insolvency there is a condition, at which debtor not in the full

To measure it is capable to satisfy the requirements in the conditions of obligation preservation so, it not in a condition to realise the objective interest. In this case the debtor has a possibility to initiate procedure of an inconsistency (bankruptcy) and by that to be released from debt burden.

Means of administrative protection of interest of the debtor represent the reference of the applicant to competent (extrajudicial) body with the request for application to the infringer of statutory measures of the state compulsion or fulfilment of other actions within the limits of the competence, directed on the prevention, suppression and elimination of consequences of infringement of protected interest. Protection frames, in particular, concern them the state and municipal bodies, and also means of notarial protection.

General rules of reception and consideration of references of citizens and the organisations the state and municipal authorities are established by the Federal act from 02.05.2006 № 59-FZ źAbout an order of consideration of references of citizens of the Russian Federation╗, fixed compulsion of consideration of the references which have arrived in the state or municipal bodies and their officials according to their competence, within 30 days from the moment of registration of such reference (if other terms are not established by special provisions).

The law provides various kinds of means of administrative protection. So, according to item 4 of the named Law, the reference is directed to the state body, local government or to the official in writing or in the form of the electronic document the offer, the statement or the complaint, and also the oral reference.

Maintenance of objective, all-round and timely consideration of references concerns the general duties of the state and municipal bodies; acceptance of all measures directed on restoration or protection of the broken rights, freedom and legitimate interests of the citizen; preparation of the written answer on the substance of the questions put in circulation.

The special legislation provides the special possibilities of some state or municipal bodies connected with protection of interest of the debtor in the obligation. So, the Federal act from 26.07.2006 № 135 - FZ źAbout competition protection╗ 209, forbidding "vertical" agreements between managing subjects (i.e. Agreements between the buyer and the seller), the prices of resale of the goods leading to an establishment or containing the obligation of the buyer not to sell the goods of the managing subject which is the competitor of the seller, and also forbidding actions (inactivity) of the managing subject occupying a leading position or the agreements of managing subjects expressed in imposing to the counterpart of treaty provisions, unprofitable for it or not concerning a contract subject, are provided by the right of antimonopoly body to give out the instruction about the termination of the given infringement, change of conditions of contracts or their cancellation in case the persons which interests are broken, had been declared the corresponding petition.

Besides, powers on realisation of the measures connected with protection of interest of the debtor in the obligation, organs of the Prosecutor's Office, bodies of service of bailiffs, Rospotrebnadzor possess, etc.

The special role in application of means of administrative protection of interest of the debtor belongs to a notariate. According to item 1 of Fundamentals of legislation of the Russian Federation about a notariate it urged to provide according to the Constitution of the Russian Federation, constitutions (charters) of subjects of the Russian Federation, the present Bases protection of the rights and legitimate interests of citizens and legal bodies by fulfilment by notaries of the notarial actions provided by acts on behalf of Russian

Federations. To number of the legal means initiating fulfilment of notarial actions which can be used with a view of protection of interest of the debtor, first of all it is necessary to carry execution of the obligation by entering of a debt in the deposit of the notary or court (item 327 GK the Russian Federation). Owing to item 2 of given article entering of a sum of money or securities into the deposit of the notary or court is considered obligation execution about what the notary or the court in which deposit money or securities are placed, informs the creditor. It is necessary to notice, that according to the legal position stated in item 55 of the Decision of Plenum of the Supreme Court of the Russian Federation from 22.11.2016 № 54 źAbout some questions of application of general provisions of the Civil code of the Russian Federation on obligations and their execution╗ [199 [200], transferred in the deposit of the notary money resources and securities are considered belonging to the creditor from the moment of reception of the specified property by it from the deposit. However the notary has not the right to return the named money resources and securities to the debtor if from the creditor the statement for their reception has arrived. Thus entering by the debtor in time, provided by the obligation, money due from it in the deposit of the notary is considered timely execution of the obligation that deprives of the creditor of possibility on charge of the provided penal actions.

Besides, the notariate carries out others jurisdiktsionnye the functions directed on legal fastening of interest and the prevention of its possible infringement in the future. It can be provided with the notarial certification of transactions, the certificate of powers, the facts, copies of documents. To the guarding notarial actions directed on maintenance of interest of the debtor, it is possible to carry acceptance by the notary of measures to succession protection as under the general rule the death of the debtor does not cease the obligation also.

The specified notarial actions, as a rule, are made on the basis of personal references of citizens and representatives of the organisations which in the given sense also are means of administrative protection of interest.

Speaking about the legal means applied in nejurisdiktsionnoj to the form, it is necessary to notice, that the given question has not found due reflexion in the literature. Moreover, some authors believe, that in the given form of protection (it is frequent nejurisdiktsionnaja the protection form is called also as self-defence) possibility of application of legal means is essentially limited. So, M.A.Rozhkova specifies, that źself-defence from all other ways of protection of the rights inadmissibility of its use for elimination of consequences of infringement of the rights is essentially allocating: self-defence supposes only the prevention and suppression of infringement of the rights whereas the purpose of elimination of consequences of infringement of the civil rights can be reached only by means of legal means╗. Differently, the author considers, that actions on self-defence of the broken rights are carried out without application of legal means corresponding to them.

The specified conclusion is based on literal understanding of the maintenance of item 14 GK the Russian Federation fixing a rule according to which źways of self-defence should be proportional to infringement and not fall outside the limits the actions necessary for its suppression╗. The given formulation of the law has allowed many researchers to come to conclusion, that self-defence measures have especially actual character, and those measures which give to the authorised party possibility directly to influence the faulty counterpart by means of legal means, are measures of operative influence. So, A.JA.Kurbatov suggests to allocate only two forms of self-defence - the justifiable defence and emergency. Both [201 [202] [203] named forms cannot be applicable to maintenance of interest of the debtor owing to features of its legal status - a bound party in legal relation because assume injury as reaction to an encroachment or danger.

At the same time the approach limiting the maintenance of self-defence by fulfilment of only actual actions in reply to infringement, we consider wrong. It is necessary to agree with V.N.Ignatenko's position that self-defence is necessary for understanding in narrow and wide sense. In narrow sense it is necessary to understand fulfilment by the authorised person of the actual actions not forbidden by the law directed on failure of consideration, reduction of negative consequences of such infringement as self-defence. Self-defence in a broad sense covers both actual, and legal acts. Thus it is important to notice, that realisation of actual actions by way of self-defence in itself can be understood and as means of maintenance of the broken interest as provides influence on the infringer, being expressed in actual action, uniform in the form and the maintenance.

It is necessary to consider, that in the civil law doctrine under actions of actual character it is accepted to understand actions which do not involve legal effects [204 [205] [206] whereas practically all measures of maintenance of the interest, carried out in frameworks nejurisdiktsionnoj protection forms, assume approach of legal consequences (change of term, an order of execution of the obligation, the termination of the obligation, etc.). In particular, protection of interest of the debtor can be carried out by fulfilment of the actions expressed in stay of execution of the obligation. By means of the given means the right of the debtor consisting in detention of execution, - exceptio non adimpleti contractus is realised. The specified means of self-defence is fixed

In item 2 of item 328 GK the Russian Federation from which maintenance it is possible to allocate following conditions of its application. First, the given norm establishes stay possibility only counter-execution. Secondly, the obligation party can suspend its execution only at non-presentation by other party of the caused execution. Thirdly, stay of execution is supposed only in a part corresponding to unaccorded counter-execution. Fourthly, stay is possible also at occurrence of the circumstance obviously testifying to default in the future by the counterpart of the obligation when due hereunder.

As fairly specifies A.G.Karapetov, stay of execution as the measure of protection has exclusively organizational character and directly is directed on stimulation of the counterpart to enforcement of the treaty and prevention of transfer of execution to the one who has already broken the contract, for the purpose of bar of claim by lapse of time of aggravation of the risks. At the same time the stay of execution recognised lawful, has also legal consequences for the obligation. As in the specified case stay of execution cannot be recognised by infringement of its conditions about the time of performance, it actually changes such condition. Besides, the sanction of item 2 of item 328 GK the Russian Federation allows the party which has not received from the counterpart caused counter granting, not only to suspend the execution, but also to refuse execution of this obligation. Thus, realisation of the given possibility demands not so much fulfilment actual, how many legal acts.

Possibility of refusal of execution of a contract is connected not only with failure of justice of counter granting. Rules about the basis and legal effects of unilateral refusal are fixed in item 450 GK the Russian Federation. Also infringements of treaty provisions which can form the basis for [207] unilateral refusals, are fixed in norms GK the Russian Federation regulating separate kinds of treaty obligations.

However it is necessary to consider, that application of the given means is possible and in the cases which are not dependent on behaviour of the creditor (the contract the basis for the unilateral refusal can be provided, not connected with obligation infringement). Therefore the given measure can be realised as by means of means nejurisdiktsionnoj protection, and other means of maintenance of interest of the debtor, outside the limits of the self-defence form.

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A source: Gajmaleeva Ajsylu Tagirovna. CIVIL-LAW PROTECTION of INTEREST of the DEBTOR In the CONTRACTUAL OBLIGATION. The dissertation on competition of a scientific degree of the master of laws. Ufa - 2017. 2017
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