Приостановление встречного исполнения как способ защиты прав кредитора: сравнительно-правовой анализ

Вестник гражданского права. 2010. Т. 10. № 2.

Karapetov A.

This article of A.G. Karapetov is devoted to comparative legal analysis of the effective ways to protection the rights of the creditor(lender). Application of the institute of suspension counter-execution in practice has a lot of complex issues, which have no clear answers because of the lack of legal regulation. According to the author, the problem is getting worse due to lack of serious academic work in respect of the legal institution. As a result, A.G. Karapetov attempted to conduct a serious comparative legal analysis that formed the basis for the article. Study is dedicated to the consideration of reasons of origin of this institution, an attempt of studying the suspension of counter-execution in law in France, Germany, UK, USA, Netherlands, Italy and some other countries. The comparative findings were the result, which have great importance for further theoretical and practical activities.

Keywords: договор, contract, обязательство, встречное исполнение, retention, obligation (commitment), counter-execution (counter-performance), methods of protection of rights, удержание, способ защиты