| Abstract [eng] |
The purpose of this study is to reveal the essence of the institution for the withholding performance of obligations through an analysis of the grounds and criteria of legality. It analyses in a detailed and coherent manner the legal grounds for the proper application of the institute for the withholding performance of obligations, the compliance of the legal norms under soft law sources and doctrinal interpretation. It identifies and provides a structured presentation of the key issues arising in the qualification of the lawfulness of the use of the suspension of obligations within the limits of self-defence. It summarizes the rules of interpretation and application of the law formulated by national case-law. The author identifies the compatibility of the national regulation with the provisions of soft law sources. It draws attention to the role and relevance of legal principles in the interpretation of the evaluative legal criteria. The author provides a definition and the objectives of the institution of withholding performance of obligations. Identifies some ambiguity in the legal rules as regards the requirements for the order of performing the obligations and the application of negative criteria, proposes a solution to the legislator. |
