According to part two of this article! a debtor who has delayed the fulfillment of a monetary obligation! at the request of the creditor! is obliged to pay the amount of the debt! taking into account the established inflation index for When calculating the entire period of delay! as well as three percent per annum of the overdue amount! unless another interest rate is established by contract or law.
The overdue amount specified in the contract or
Court decision should be taken as the basis! and not its recent mobile phone number data equivalent in the national currency of Ukraine.
Such a conclusion is contained! in particular! in the resolution of the Grand Chamber of the Supreme When calculating Court of January 16! 2019 No. 373/2054/16! proceedings No. 14-446 cs 18.
The obligation is terminated partially or in full on the grounds established by the contract or law (Part One of Article 598 of the Civil Code of Ukraine).
In the doctrine of private law! the termination of an what to consider before implementing obligation is determined by the action of legal facts that terminate the right. Legal facts that cause the termination of an obligation are called the grounds for termination. Termination of an obligation is the termination of the legal relationship of its subjects! in which the subjective rights and obligations that constitute the content of the binding legal relationship are terminated (see the resolution of the Supreme Court composed of the panel of judges of the Second Judicial Chamber of the Civil Court of Cassation dated January 24! 2023 in case No. 161/13862/19 (proceedings No. 61-7868св21).
An obligation is terminated by agreement of the parties
An obligation is terminated by agreement of the parties to replace the original obligation with a new obligation between the same parties (novation). Novation is not allowed with respect to obligations to compensate for damage caused by injury! other damage to health or death! to pay alimony and in other cases established by law. Novation terminates additional obligations related to the original obligation! unless otherwise established by the contract.
According to Article 1053 of the Civil Code of Ukraine! by agreement au emai list of the parties! a debt arising from contracts of sale! lease of property or on another basis may be replaced by a loan obligation. Replacement of a debt by a loan obligation is carried out in compliance with the requirements for novation and is carried out in the form established for a loan agreement (Article 1047 of this Code).
