Abstract:
The article explores the application of the right to suspend or fully or partially refuse to fulfill an obligation in
the event of non-fulfillment of a counter-obligation by the other party. Scientific works of civilian classicists on
obligation and research of Ukrainian civilian scientists served as material for study. The article distinguishes
between conflicting and interdependent duties. It also highlights the issues of Part 3, Article 538 of the Civil
Code of Ukraine, in case the buyer fails to fulfill the obligation to pre-pay for goods. The legal nature of
the right to suspend or fully/partially refuse to fulfill a duty has been clarified: This is a way to protect civil
rights and interests. Attention is drawn to the fact that the studied right can be exercised if the other party
breaches a negative obligation. Ways to improve Ukraine’s legislation on the specified topic are proposed.
