Abuse of Right to Repudiation and Unilateral Amendment of Terms and Conditions of an Obligation

The right to unilaterally withdrawal an obligation and unilaterally change its terms may be provided for by law or contract. At the same time, the exercise of this right may violate the principle of prohibition of abuse of rights. In this regard, within the framework of judicial enforcement, it is necessary to examine the goals, methods of exercising the right to unilateral withdrawal (change of obligation), as well as the general context of interaction between counterparties. Due to the absence of specific factors in positive law that would qualify the existence of an abuse of right, counterparties face significant risks when exercising their right to unilateral withdrawal (change of obligation). At the same time, a judicial assessment of actions for unilateral withdrawal (change of obligation) for the presence of abuse of right is seen as a necessary element of maintaining economic stability.