The Legal Nature of Payment for Unilateral Refusal to Fulfill an Obligation

The paper analyzes the possibility of unilateral refusal to fulfill an obligation through the payment of a  monetary sum. The multidimensionality of the development of a legal relationship related to the fulfillment of an obligation is investigated in the context of the opportunity to use various legal remedies at each stage of a legal relationship. The paper shows the transformation of the legal statuses of the creditor and the debtor in the process of exercising rights and fulfilling obligations. It is substantiated that, depending on the stage of development of the legal relationship in mutual obligations, the creditor and the debtor alternately change their capabilities to demand performance and fulfill obligations. Failure to fulfill an obligation at any stage leads to the possibility of making claims for the protection of the right. It is indicated that the agreement in the contract of the obligation of the debtor to pay the creditor a certain amount of money in the event of refusal to perform the obligation does not change the legal nature of the obligation and does not make it monetary. It is proved that the refusal to fulfill the obligation becomes legally possible only after the fulfillment of the obligation to pay the counterparty a sum of money. The author establishes the legal nature of such a replacement in comparison with the novation of debt into a debt obligation. It is proved that a different interpretation of the law violates the balance of interests between the debtor and the creditor.

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