Astreinte as a measure of civil liability

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The institution of traditional astrent, being at the junction of private and public legal spaces, civil substantive and procedural law and therefore being a complex institution, has acquired new relevance in a situation of economic instability and pandemic crisis, which caused massive, largely forced, refusals obligations. Participants in civil turnover, law enforcement officers, as well as the civil law doctrine faced the problem of finding the optimal civil law means of stimulating unscrupulous debtors to fulfill their obligations. At the same time, serious problems were found to distinguish astrent from other, similar forms, attempts to classify it as an administrative-legal means, which actualized the need for a conceptual elaboration of this concept.

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Astreinte, civil liability measure, judicial penalty

Короткий адрес: https://sciup.org/14120343

IDR: 14120343   |   DOI: 10.47629/2074-9201_2020_20_12_6

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