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Liability for Failure Monetary Obligation

Student: Kolyadnyy Bogdan

Supervisor: Ilona Vadimovna Iablokova

Faculty: School of Law

Educational Programme: Advocacy (Master)

Year of Graduation: 2017

To date, monetary obligations, undoubtedly, occupy an important place in the relations of participants in property turnover. In this regard, the institution of civil liability in civil law occupies a special place, including recently, since failure to fulfill obligations negatively affects not only relations between subjects of legal relations, but also in general the economic situation in the country. In the work, the problem of the institution of responsibility for non-fulfillment of a monetary obligation is examined through an analysis of the norms of law, opinions and conclusions of civil scientists, as well as law enforcement practice, which together is the subject of this study. This work is aimed at a comprehensive study of the responsibility for non-fulfillment of the monetary obligation. The purpose of the study is to comprehensively study monetary obligations and develop proposals aimed at improving the legal regulation of liability for non-fulfillment of the monetary obligation. A number of tasks were set, including exploring the concept and signs of a monetary obligation, giving a legal description of the responsibility for non-fulfillment of such an obligation, and also to show from a practical point of view the procedure for applying Art. 395 Civil Code of the Russian Federation. The work consists of an introduction, the main part divided into chapters and paragraphs, within which the research tasks, conclusions and the bibliographic list that completes the work are consistently performed. The work also compiled Appendix No. 1, summarizing 10 court cases, the analysis of which showed features of the application of Art. 395 Civil Code as a measure of civil liability, as well as the main positions of the courts in the current enforcement practice. Key words: monetary obligation, civil liability, liability for non-fulfillment of a monetary obligation, calculation of interest under art. 395 Civil Code of the Russian Federation.

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