A Penalty as a Form of Civil-law Responsibility for Non-fulfillment or Improper Fulfillment of Contractual Obligation

Student: Derdyay Yana

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

This research considers theoretical and practical problems connected with the institute of penalty for violation of contractual obligations. The author outlines gaps in current legislation which hamper effective implementation of penalty and protection of civil rights. This has been done by examining legal essence of penalty in different countries and identifying their historical experience with the application of penalties in practice. Besides, sufficient attention is paid to the dual role of penalty under the legislation of the Russian Federation. Through showing how different can be the decision of the court in similar cases, this study emphasizes the importance of developing clear recommendations regarding the penalty.

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