Settlement and Release in European Legislation

  • V. V. Rasskazova Kharkiv National University of Internal Affairs
Keywords: European legislation, settlement and release, termination of civic obligation, devolution agreement on settlement and release.


Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice.

The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries.

According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release.

The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.


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Author Biography

V. V. Rasskazova, Kharkiv National University of Internal Affairs

Department civil law and process (senior lecturer).


Kostruba A.V., 2012. On issue of termination mechanism as a result of rights-terminating fact as assignation of indemnity [Do pytannia pro osoblyvosti mekhanizmu prypynennia zoboviazan v sylu pravoprypyniaiuchoho yurydychnoho faktu – peredannia vidstupnoho]. Alʹmanah prava – Almanac of Law, Iss. 3, pp. 371-374.

Padun Ye.V., 2013. Criteria for distinguishing indemnity of innovations in the civil law of Ukraine [Kryterii vidmezhuvannia vidstupnoho vid novatsii v tsyvilnomu pravi Ukrainy]. Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav – Scientific Herald of the National Academy of Internal Affairs, [online] No. 3, pp. 91-97. Available at [Accessed 12 May 2020].

Shymko F.A., 2015. The ratio of debt forgiveness with other related institutions of civil law [Spivvidnoshennia proshchennia borhu ta inshykh sumizhnykh instytutiv tsyvilnoho prava]. Naukovij vìsnik Hersonsʹkogo deržavnogo unìversitetu – Scientific Herald of Kherson State University, Iss. 5, Vol. 1, pp. 157-160.

Yavorska O.S., 2013. Giving money or other estate as a ground for termination of obligation [Peredannia vidstupnoho yak pidstava prypynennia tsyvilnoho zoboviazannia]. Aktualni problemy vdoskonalennia chynnoho zakonodavstva Ukrainy, [online] Iss. 31, pp. 205-215. [Accessed 12 May 2020].

How to Cite
Rasskazova, V. V. (2020) “Settlement and Release in European Legislation”, Bulletin of Kharkiv National University of Internal Affairs, 89(2), pp. 61-68. doi: 10.32631/v.2020.2.05.
Civil Law and Civil Procedure; Family Law; International and Legal Direction in