MEASURES OF CIVIL LIABILITY FOR BREACH OF OBLIGATIONS UNDER LEASE CONTRACT
Journal Title: Право та інновації - Year 2018, Vol 3, Issue 23
Abstract
Problem setting. Despite the fact that a large number of studies is devoted to the issue of liability, the imperfection of legislation, as well as the ambiguity of judicial practice determine the need to find out the mechanisms for the application of certain measures of civil liability, taking into account the specifics of the lease relationship. Analysis of recent researches and publications. The issue of contractual relationships was studied by legal scholars in different ways. Research in this area was conducted by M. Aharkov, S. Aleksieyev, M. Brahinskyi, V. Hrybanov, O. Krasavchykov, O. Ioffe, V. Luts, H. Shershenevych, I. Spasibo, O. Lipetsker, Ye. Kozarenko, V. Steshenko, M. Pronina, S. Puhinskyi, T. Potapenkova, Yu. Basin, D. Levenson, N. Haschivska, N. Milovska and other scientists. Target of research. The aim is a comprehensive study and analysis of particular measures of civil liability for the breach of obligations under the lease contract. Article’s main body. The article provides a legal analysis of measures of civil liability for the breach of obligations under the lease contract. The following consequences of the breach of obligation under the lease contract as damages, non-pecuniary damage, penalty payment, as well as interest on damages and an amount due adjusted for inflation are investigated. The author analyzes the specific features of some measures of civil liability taking into account the peculiarities of legal relations deriving from the lease contract. Conclusions and prospects for the development. Summarizing the results of the study we can formulate the following conclusions. First, measures of civil liability for breach of obligations under a lease contract are damages, penalty payment and interest per annum for the entire time of delay. Secondly, the peculiarities of the application of the abovementioned measures depend on the content of the obligation, as well as on the nature of the violation.
Authors and Affiliations
M. V. Moroz
Keywords
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