Concept and legal nature of involunity in civil law

Currently, there are massive violations of contractual obligations, which are caused by a number of reasons, ranging from the unstable economic situation in the country and ending with a low level of discipline of participants in civil turnover. In this regard, in order to prevent a violation of the obligation established between them, the parties resort to a penalty, which would strengthen the contractual discipline of the counterparties. The authors in this paper touch upon the problems of the legal nature of the penalty and the commodity penalty. The possibility of ensuring the fulfillment of a non-monetary obligation by a penalty is determined, and it is also concluded that a commodity penalty is not a type of penalty, since it is an independent unnamed way of ensuring the fulfillment of an obligation.