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Title of Article

ESTOPPEL RULE FOR WITHDRAWAL FROM THE CONTRACT: LAW ENFORCEMENT ISSUES


Issue
4
Date
2021

Article type
scientific article
UDC
347.124
Pages
165-169
Keywords
 


Authors
Sosipatrova N.E.
Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo, N. Novgorod


Abstract
Case law regarding estoppel application for withdrawal from the contract is reviewed. Various approaches of the clause 5 of article 450.1 of the RF Civill Code interpretation by the courts are described. Examples of contradictious behavior of the creditor who has withdrawn from the contract are analyzed. Issue of a long-term non-use by the credi- tor of its right to withdraw from the contract is illustrated. The author advances an idea on the necessity to differentiate approaches on the assessment of the concept of the "reasonable time" during which the creditor may withdraw from the contract. The questions that may arise during application of the clause 5 of article 450.1 of the RF Civil Code and that have yet answers neither in the case law nor in the legal doctrine are indicated.

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