No 4 (20): 20.

Jurisprudence

 2020

Scientific article
pdf-version

Vladislav Gatchenko
Petrozavodsk State University
(Petrozavodsk, Russian Federation),
vladislav22_01@mail.ru

Court penalty as a way to compel the debtor to perform the obligation as soon as possible in kind: possible calculation options

Scientific adviser:
Paltseva Elena Segeevna
Reviewer:
Roksana Malysheva
Paper submitted on: 11/29/2020;
Accepted on: 12/18/2020;
 Abstract. The article deals with the problem of calculating the court penalty due to the lack of a single universal mechanism in civil legislation. A specific example illustrates how it is necessary to calculate a court penalty in such an amount in order to protect the violated rights of the creditor, to compel the debtor to fulfill the obligation in kind as soon as possible and not to violate the legally established principles that should guide the courts in calculating. We also analyze the mistakes of courts when it awards a court penalty.
Keywords: court penalty, bad faith, non-execution of a court decision, size, legal principles.

For citation: Gatchenko, V. Court penalty as a way to compel the debtor to perform the obligation as soon as possible in kind: possible calculation options. StudArctic forum. 2020, 4 (20): 20.

References

1. The Сivil code of the Russian Federation (part one) of 30.11.1994 No. 51 (ed. by 31.07.2020) // collected legislation of the Russian Federation. – 1994. – №32. – art 3301.

2. The resolution of Plenum of the Supreme Court of 24.03.2016 N 7 "About application by courts of certain provisions of the Civil code of the Russian Federation on liability for breach of obligations" // the Russian newspaper. – 2016. – №70.

3. Appeal ruling of the Volgograd regional court of 17.07.2019 № 33-9440/2019 // https://oblsudvol.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=doc&number=1782584&delo_id=5&new=0&text_number=1 / (accessed 29.10.2020).

4. Zweigert K., Kets H. Introduction to comparative law in the field of private law: In 2 vols. - Volume 2. - TRANS. from German-Moscow: mezhdunar. Relations, 1998. - 512 p.

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