Title: Procedural aspects of estoppel application in civil relations

Authors: Oleksandr Krupchan; Yaroslav Romaniuk; Svitlana Pylypenko; Valentyna Myronenko

Addresses: Department of Directorate, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine ' Supreme Court of Ukraine, Kyiv, Ukraine ' Department of the Civil and Juridical Disciplines, National Academy of Internal Affairs, Kyiv, Ukraine ' Department of the Civil and Juridical Disciplines, National Academy of Internal Affairs, Kyiv, Ukraine

Abstract: The article investigates the nature and manifestation of the material and procedural aspects of estoppel application in civil relations. The authors studied cases of variable, contradictory, or illegal behaviour of the contractual partner. The model for applying the estoppel principle in civil doctrine and civil procedure legislation was developed. It is proved that the estoppel principle is described by the universality of law enforcement in any sphere of private law relations of civil and economic jurisdiction. However, both civil and civil procedural legislation has no express provision on estoppel, which forms the maximum variety of its application by courts, up to the substitution of its legal nature. This leads to legal uncertainty and does not contribute to the unity of judicial enforcement.

Keywords: civil law; contract; civil proceedings; abuse of law; judicial protection.

DOI: 10.1504/IJPLAP.2022.124422

International Journal of Public Law and Policy, 2022 Vol.8 No.3/4, pp.188 - 201

Received: 30 Nov 2021
Accepted: 27 Jan 2022
Published online: 26 Jul 2022 *

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