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Astrent as a Way to Protect the Rights of Creditors

Student: Shamshina Anastasiya

Supervisor: Artyom Karapetov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

This paper is intended to cover the main issues of such legal phenomenon as the French institute of «l’astreinte». The major purpose of the research is to examine the particular features of «l’astreinte» and the perspectives of practical application of this mechanism for the protection of the rights of creditors. The relevance of the chosen topic is due to the emergence of the «l’astreinte» in Russian civil law. That is why, the interest in this legal institute and its practical application is just growing. Moreover, the significance of the «l’astreinte» is proved by the fact that this legal mechanism effectively applies in other countries, for instance, Belgium, Portugal, the Netherlands and Italy. In order to achieve the major goal, it seems to be necessary to set up the following objectives:  to analyze the development of the institute of «l’astreinte»;  to consider the positions of researchers on the question of legal nature of «l’astreinte»;  to find out the problematic issues of the application of «l’astreinte» in Russian law system. The current paper includes the following sections: introduction to the research, three chapters, divided into paragraphs, the conclusion and the bibliography.

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