Notification of the counterparty of unilateral withdrawal from the agreement

Keywords: unilateral withdrawal from a contract, unilateral withdrawal from a transaction, breach of contractual obligations, amendment and termination of contractual terms, principle of fairness in regulation of contractual relations, measures of prompt action, self-defence of civil rights and interests, law-changing and law-terminating legal facts in contractual relations.


The study focuses on the issue of notification of the initiator of unilateral withdrawal from a contract to its counterparty of such withdrawal. In particular, the problematic issues of determining the form and procedure for such notification and establishing the time when an agreement unilaterally withdrawn by one of its parties will be considered amended or terminated are considered. Current civil law does not provide clear answers to these questions. The necessity of differentiating the legislative rules which will determine the procedure for informing the interested party of the unilateral withdrawal from a contract by the other party, and also establish the moment when the legal consequences caused by unilateral withdrawal from a contract come into force, is pointed out. The criteria for such differentiation are the subject matter and type of contractual relationship, as well as the reasons for withdrawal from the contract, i.e. whether it arose due to a breach of contract by the counterparty or is related to other reasons. When the withdrawal is caused by a breach of contract, the injured party generally does not have to notify the offending party in advance of its intention to unilaterally withdraw from the contract. It is acceptable to give notice after the fact, but with the obligatory immediate notification of the offender or within another reasonable time. In the case of withdrawal for other reasons, the initiator of the withdrawal must usually inform its counterparty in advance. In the latter case, the notice of withdrawal has the form of a warning in the proper sense of the word.

It is noted that, as a general rule, a withdrawal must be made in the same form as the contract that is being withdrawn by one of its parties. In the first case of withdrawal, i.e. when it is caused by an offence, legal consequences may arise with the first acts of defensive action taken by the injured party. There may be situations where legal consequences of this type of waiver arise from the moment the offending party receives the notice. In the second case of withdrawal - "for other reasons" - the legal consequences of the withdrawal will appear not earlier than the moment when the interested party is informed of the unilateral withdrawal from the contract by its counterparty.

It is proposed to amend the rules on withdrawal from transactions, which should contain the most general provisions on the implementation of informed unilateral withdrawal from a contract.


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Author Biography

Yu. I. Chalyi, Kharkiv National University of Internal Affairs

Candidate of Law, Associate Professor,

Department of Civil Law and Proceedings (associate professor).


Antoniuk, O. I. (2004). The right of participants in civil legal relations to self-defense [Candidate thesis, National University of Internal Affairs].

Antoniuk, O. I. (2006). The right of participants in civil legal relations to self-defense. Donetsk Juridical Institute LSUIA.

Babych, I. G. (2009). Unilateral Breach of Contract. Current Problems of State and Law, 51, 264–267.

Baranova, L. M. (2015). Оne-sided waiver of obligation as method of unjurisdiction form of defence of equitable civil rights. Theory and Practice of Jurisprudence, 2.

Bodnar, T. (2012). Unilateral waiver of obligation (contract) in the context of self-defense of civil law and interest. Law of Ukraine, 9, 110–117.

Bodnar, T. V. (2014). Unilateral refusal of contractual obligations. In R.A. Maidanyk, & O. V. Kokhanovska (eds), Actual problems of private law of Ukraine (pp. 35–45). PJSC “Legal Practice”.

Hrynko, R. V. (2014). Withdraw from the contract as a measure of the operational impact of a binding relationship. Uzhhorod National University Herald. Series: Law, 28(1), 115–118.

Kalaur, I. R. (2014). Disclaimer of agreement and its termination hiring as a way protection employers. Uzhhorod National University Herald. Series: Law, 29(3), 37–40.

Lukasevych-Krutnyk, I. (2019). Unilateral refusal of the contract of carriage as a result of violation of contractual conditions. Entrepreneurship, Economy and Law, 2, 30–35.

Medentsev, Р. А. (2013). The law consequences of the breaking contract in the Civil Law of Ukraine, the Russian Federation, the FRC, England and the USA (comparatively-legal analyze) [Candidate thesis, National University “Odesa Law Academy”].

Mikhno, O. I. (2007). Termination of the contract according to the civil legislation of Ukraine [Candidate thesis, Kyiv].

Paskevych, Yu. (2014). Termination of the lease: certain legal aspects. Law Herald, 2(31), 90–94.

Spasybo-Fatieieva, I. (2012). Termination of the contract: grounds, procedure, consequences. Law of Ukraine, 9, 102–109.

Spasybo-Fatieieva, I. (2011). The category of refusal in the civil law of Ukraine. Law of Ukraine, 3, 94–105.

Urazova, H. O. (2015). The category of refusal in the civil law of Ukraine [Candidate thesis, Yaroslav Mudryi National Law University].

Urazova, H. O. (2015). The category of refusal in the civil law of Ukraine. Right.

Spasibo-Fateeva, I. V., Sibilov, M. N., Yarotskii, V. L. et al. (2014). Kharkov civil school: protection of subjective civil rights and interests (I. V. Spasibo-Fateeva, Ed.). Right.

Dzera, O. V., Kuznietsova, N. S., Maidanyk, R. A. (Eds). (2010). Civil law of Ukraine. A special part (3rd ed.). Yurinkom Inter.

How to Cite
Chalyi, Y. I. (2023) “Notification of the counterparty of unilateral withdrawal from the agreement”, Bulletin of Kharkiv National University of Internal Affairs, 103(4), pp. 91-106. doi: 10.32631/v.2023.4.08.
Civil Law and Civil Procedure; Family Law; International and Legal Direction in