Disputes Concerning the Forced Fulfillment of Contract Terms in Kind

Since 2008, the “First Legal” Law Firm has been successfully working 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 sure that professionals of the highest caliber are safeguarding your interests.

When entering into a contract, each party aims to achieve certain desired outcomes, so 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 20 of the Commercial Code of Ukraine.

“Fulfillment of an obligation in kind” means performing exactly the actions that the debtor should have performed under the contract, namely: making payment; transferring property; providing a service; performing work; taking certain actions; restoring damaged property; replacing defective or unsuitable goods (items), etc.

A lawsuit compelling the debtor to fulfill the obligation in kind indicates that the debtor has violated the contract terms, which may have led to negative consequences (harm, losses) for the creditor. Under the law, losses include any harm an individual has suffered due to the destruction or damage (reduction in value) of property, as well as expenses that the individual has made or must make to restore their violated right (actual damages), and the income that the individual could realistically have obtained under ordinary circumstances if their right had not been violated (lost profits).

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

The service provided by the “First Legal” Law Firm in representing the interests of business entities in disputes concerning the forced fulfillment of contract terms in kind includes:

• 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 by submitting attorney requests);
• Preparation and filing of the statement of claim in court, assistance with paying the court fee;
• Support during the enforcement procedure of the court’s decision.

By agreement with the client, the “First Legal” Law Firm can also provide 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.