It is not a reason to terminate duties
Posted: Tue Jun 17, 2025 10:15 am
QUESTION - 12: Is it possible to return the advance payment paid under a contract under Article 1212 of the Civil Code of Ukraine (unreasonably acquired funds)?
The provisions of Article 1212 of the Civil Code do not apply, and the advance payment may be refunded on general grounds. Opinion of the Grand Chamber of the Supreme Court of 26.06.18, case 910/9072/17.
QUESTION - 13: Does the expiration of a contract release the parties from liability for its special database violation that occurred during the contract's term?
No, it does not exempt! There are often situations where during the term of the contract one party committed certain violations, and the other party did not have time to report them and the contract expired.
However, the expiration of the contract does not release the parties from liability for its violation that occurred during the contract's validity. This follows from Art. 631 of the Civil Code of Ukraine and Art. 180 of the Commercial Code of Ukraine.
A violation has occurred - it is necessary to answer for it.
QUESTION - 14: Is the expiration of the contract a reason not to fulfill obligations under the contract?
The Civil Code of Ukraine clearly states the grounds for termination, among which there is no “expiration of the contract”, instead there is such a ground as “proper performance” (Art. 500 of the Civil Code, Art. 202 of the Civil Code), that is, in the manner, terms and method stipulated by the contract. Until proper performance occurs, the obligation does not terminate.
QUESTION - 15: Is the expiration of the contract a basis for terminating an obligation that has remained unfulfilled?
The law does not provide for such a basis for terminating an obligation that has remained unfulfilled as “expiration of the contract term,” and therefore this is not a basis.
The provisions of Article 1212 of the Civil Code do not apply, and the advance payment may be refunded on general grounds. Opinion of the Grand Chamber of the Supreme Court of 26.06.18, case 910/9072/17.
QUESTION - 13: Does the expiration of a contract release the parties from liability for its special database violation that occurred during the contract's term?
No, it does not exempt! There are often situations where during the term of the contract one party committed certain violations, and the other party did not have time to report them and the contract expired.
However, the expiration of the contract does not release the parties from liability for its violation that occurred during the contract's validity. This follows from Art. 631 of the Civil Code of Ukraine and Art. 180 of the Commercial Code of Ukraine.
A violation has occurred - it is necessary to answer for it.
QUESTION - 14: Is the expiration of the contract a reason not to fulfill obligations under the contract?
The Civil Code of Ukraine clearly states the grounds for termination, among which there is no “expiration of the contract”, instead there is such a ground as “proper performance” (Art. 500 of the Civil Code, Art. 202 of the Civil Code), that is, in the manner, terms and method stipulated by the contract. Until proper performance occurs, the obligation does not terminate.
QUESTION - 15: Is the expiration of the contract a basis for terminating an obligation that has remained unfulfilled?
The law does not provide for such a basis for terminating an obligation that has remained unfulfilled as “expiration of the contract term,” and therefore this is not a basis.