Modern civil law
Bibliographic description:
ABOUT LEGAL NATURE OF ASTREINTE // Modern civil law. - 2020. №1. . - С. 19-23.
Title:
ABOUT LEGAL NATURE OF ASTREINTE
Financing:
Codes:
UDK: 342.7
Annotation:
The astrent Institute appeared in Russian legislation after the civil law reform in 2015. Article 308.3. The civil code of the Russian Federation was introduced into the Civil code of the Russian Federation by Federal law No. 42-FZ of March 8, 2015 «on amendments to part one of the Civil code of the Russian Federation». The changes came into force on June 1, 2015. For clarification 24 March 2016, was issued the Reso- lution of Plenum of the Supreme Court of the RF No. 7 «On application by courts of certain provisions of the Civil code of the Russian Federation on liability for breach of obligations», the court explained the application of the Institute EstRent in practice.
The article considers different points of view on the legal nature of a court penalty. A step-by-step analysis of the astrent with other civil law institutions, such as damages, penalties, interim measures, and fines, is carried out. As a result, the conclusion about the legal nature of the court penalty and its independence is given.
The article considers different points of view on the legal nature of a court penalty. A step-by-step analysis of the astrent with other civil law institutions, such as damages, penalties, interim measures, and fines, is carried out. As a result, the conclusion about the legal nature of the court penalty and its independence is given.
Keywords:
judicial penalty; astrent; damages; penalty; interim measures; fine.
List of references:
Article.pdf