Babii A. Unilateral amending and termination of commercial contract.

The thesis is devoted to topical problems of legal regulation and practical aspects of implementation of unilateral amending (termination) right of commercial agreement. Analysis of national legislation and special scholarly papers has made it possible to understand that avoidance is the process through which a contract party, by notice to the other side, amends or terminates the contractual obligations of the parties. Identification of the essential unilateral amending (termination) features through the prism of doctrinal approaches to its understanding allowed to propose a definition of this legal fact, determine its place among other ways of economic obligations termination and the nature of contract unilateral amending (termination) right. Special attention is paid to mechanism of unilateral repudiation implementing, in particular form and contents of avoidance declaration, specific means of its transmission and transmission risks. The review of contract unilateral repudiation in such international private law sources as CISG Convention, UNIDROIT Principles and Principles of European Contract law allowed to compare it with legal regulation of similar issues in Ukrainian commercial law and to highlight gaps in the latter. Due to its extreme nature, the CISG (similarly the UNIDROIT Principles or the PECL) reserves avoidance to special cases, namely to fundamental breaches (non-performances) of the contract. Mere breach of contract does not itself permit avoidance of the contract, unless otherwise agreed in the contract. This restriction, however, can be bypassed in case of failure to perform certain basic obligations (delivery or payment) even without establishing that the failure constitutes a fundamental breach by use of a special mechanism - the so-called Nachfrist period - where the breach has continued throughout that period.