Alternative sanctions in civil law
Автор: Chuklova Elena Valerievna
Журнал: Правовое государство: теория и практика @pravgos
Статья в выпуске: 2 (52), 2018 года.
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Reviewing alternative sanctions in civil law is relevant in connection with the importance of determining their place and role in the system of responsibilities differentiating. It is of paramount importance to consider such categories as: “differentiation of responsibility”, “principle of differentiation of responsibility for civil offence”, “sanction”, “alternative sanction”, “civil law sanction”. The subject of the study is the norms of civil legislation, fixing sanctions for the appropriate types of offences and abuse of law, including alternative sanctions. The author analyzes decisions of the Supreme Court of the Russian Federation on the application of civil penalties, as well as the practice of arbitration courts and courts of general jurisdiction. Civil law is characterized by a two-level alternativity, which involves choosing between several coercive measures and determining the amount of liability for breach of obligation. Alternative civil sanction can be characterized qualitatively and quantitatively.
Civil law liability, coercion, alternative sanction, contract, differentiation of responsibility
Короткий адрес: https://sciup.org/142233927
IDR: 142233927