The Liability for Violation of Contractual Obligations: Challenging Issues of Law Enforcement within the Framework of the Dualism of Regulation of the Stream of Commerce in Ukraines

Ответственность за нарушение договорных обязательств: проблемные вопросы правоприменения в контексте дуализма регулирования коммерческого оборота в Украине

Anatoliy Kostruba ()

Post-Print from HAL

Abstract: This article is dedicated to the issue of the contentious regulation of the institute of responsibility by the norms of the Civil and Commercial codes of Ukraine. There are lines of reasoning of the pointlessness of adoption of the Commercial code in Russia, through the example of existent conflicts in the law of Ukraine, in the publication. The conducted analyses of the provisions of the Commercial code of Ukraine certifies the absence of own law principles of the direct impact to the relations in the area of econo-mics and duplication of the original provisions of the Civil code of Ukraine and reciprocal deformation of its institutional principles. There are penalties in monetary form (forfeit, surcharge, fine), which regard punitive sanctions, according to the Commercial code of Ukraine. In its turn, the norms of the Civil code of Ukraine provide that the fine and the penalty are covered by the concept of forfeit. It is emphasized that the attribution of the forfeit to the type of sanctions for the violation of the economic liability along with the fine and the penalty deforms that core effect of this term, which it posses in the legal doctrine. There are limits of variations of the legal behavior of a participant of the obligations legal relationships, application of penalty sanctions exclusively in the form of monetary amounts against the allow ability of the recovery of forfeit, in the form of other property, rather than monetary funds, which is fixed in the theory of civil rights.

Keywords: material liability; dualism in law; forfeit; financial sanctions; responsibility; legal responsibility (search for similar items in EconPapers)
Date: 2018-10-29
References: Add references at CitEc
Citations:

Published in Юридический мир, 2018, 10, pp.57-61

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02908960

Access Statistics for this paper

More papers in Post-Print from HAL
Bibliographic data for series maintained by CCSD ().