| Article title | Breach of Contractual Obligations to Provide Transportation Services: the Concept and Types |
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| Authors |
IRYNA LUKASEVYCH-KRUTNYK
PhD in Legal Science, Associate professor, Doctoral саndidate of the Scientific Research Institute of Private Law and Entrepreneurship named after F.G. Burchak of National Academy of Legal Sciences of Ukraine (Kyiv, Ukraine) ORCID ID: http://orcid.org/0000-0002-9557-7886 Researcher ID: http://www.researcherid.com/rid/H-6941-2017 lukru@ukr.net
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 1 / 2019 |
| Pages | 278 - 294 |
| Annotation | In the course of fifteen years during which the Civil Code of Ukraine (Ukraine’s CC) keeps in force, scientific research efforts focused on breach of a contractual obligation as a category of civil law have become one of the crucial areas of civil studies. The need to study the essence and composition of breach of a contractual obligation ensues from the consolidation of Chapter 51 “Legal Consequences of Breach of an Obligation. Liability for Breach of an Obligation” in the structure of Ukraine’s CC, and is also linked to an array of special legislative enactments which were adopted in recent years and the contents of which require an analysis from the perspective of their counteraction to illegal acts in the domain of personal non-property and property relations, including contractual relations comprising the provision of transportation services. This article aims at clarifying the concept and distinguishing the types of breach of contractual obligations to provide transportation services, with due regard for the current developments in the civil doctrine and the provisions of current legislation of Ukraine. The article analyzes the concept and signs of breach of contractual obligations to provide transportation services. It is established that breach of the obligations which the parties have under transportation contracts means such a state of legal relations when the counterparty fails to comply with the requirements established by law or the terms of the contract. The author proves that it is inexpedient to recognize a breach of a contractual obligation to provide transportation services as a unilateral transaction, since lawful actions of the debtor or other entities are possible only provided that the contractual obligation is properly performed. Therefore, any breach (both non-performance and improper performance) of contractual obligations to provide transportation services constitutes a type of civil offense and is regarded as the unlawful legal fact. Breach of contractual obligations to provide transportation services is a generic category, since it covers such concepts as non-performance and improper performance of these obligations. Non-performance of contractual obligations to provide transportation services means such actions or omissions of the parties to the obligation which result in the obligation not been fully fulfilled. Improper performance of contractual obligations to provide transportation services is the debtor’s failure to comply with the requirements regarding the obligation established by acts of civil legislation and/or the transportation contract. The author proposes to classify breaches of contractual obligations to provide the transportation services by the following criteria: a) character of the debtor’s behavior; b) the party whose behavior is associated with the breach (carrier, passenger, consignee, shipper, etc.); c) breach of the transportation contract terms in respect of at least one of the performance modus elements (subject matter, method, place of performance, deadline, etc.); d) significance of breach of an obligation.
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| Keywords | contractual obligations to provide transportation services; breach of obligation; failure to perform an obligation; improper performance of an obligation |
| References | List of legal documents |
| Electronic version | Download |