The Right to Voluntary Fulfillment of Obligations and the Claim Procedure for Dispute Settlement: Issues of Correlation

Abstract

The paper analyzes the place of the right to voluntary fulfillment of obligations in the structure of the right to fulfillment, including in the framework of the practice of the European Court of Human Rights. The right to voluntary right to fulfillment of obligations is considered through such elements of subjective law as right-demand and right-claim. The right to voluntary fulfillment of obligations is analyzed through the prism of the questions posed. The practice of the Supreme Court of the Russian Federation on issues of pre-trial claim procedure is studied. 

The author concludes that the claim procedure should not be considered as a special procedure for resolving a dispute, and the right to voluntary fulfillment of an obligation is realized by sending a claim to the obligor in the form of a claim to fulfill the obligation. In case of uncertainty in a material legal relationship, the right to voluntary fulfillment of an obligation is not realized here, for it is impossible to know that there is such a thing. The author notes that the realization of the right to voluntary fulfillment of an obligation through a claim procedure acquires the features of a procedural form.