Disputes Regarding the Forced Fulfillment of Contract Terms in Kind

Since 2008, the “First Legal” Law Firm has been successfully operating to protect its clients’ interests. The specialists of our Firm have extensive experience in resolving disputes regarding the forced fulfillment of contract terms in kind, both out of court and in court. By choosing us, you will receive the highest level of service and be assured that professionals of the highest caliber are defending your interests.

When entering into a particular agreement, each party wishes to achieve certain desired outcomes; therefore, an order to fulfill an obligation in kind is the most common method of protecting one’s rights and lawful interests, as provided for in Article 16 of the Civil Code of Ukraine.

“Fulfillment of an obligation in kind” means performing exactly the actions that the debtor should have carried out under the contract, namely: paying funds; transferring property; providing a service; performing work; taking certain actions; restoring damaged property; replacing substandard or unsuitable goods (items), and so on.

An appeal to the court to compel the debtor to fulfill the obligation in kind indicates that the debtor has violated the terms of the contract, which could have resulted in negative consequences (damages, losses) for the creditor. According to legislation, losses include the expenses incurred by a person in connection with the destruction or damage (reduction in value) of property, as well as expenses that the person has made or must make to restore their violated right (actual damages), and the income that the person could realistically have received under normal circumstances if their right had not been violated (lost profit).

Therefore, claims for compensation of damages, other methods of compensating property damage, and moral (non-property) harm, as methods of protecting one’s rights, are usually combined with the claim to fulfill the obligation in kind.

The services provided by the “First Legal” Law Firm in representing the interests of individuals in disputes concerning the forced fulfillment of contract terms in kind include:

• Legal analysis of all necessary documents provided by the client;
• Preparation of a legal position and its coordination with the client;
• Collection of evidence (including through attorney requests);
• Preparation and filing of the statement of claim in court, assistance with paying the court fee;
• Consultation on the procedure for enforcing the court’s decision.

By agreement with the client, the “First Legal” Law Firm can also provide the client with professional legal assistance from an attorney during court hearings and in appellate or cassation proceedings.

The team of professionals at the “First Legal” Law Firm is always at your service and will protect your rights at the highest level.