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Legal forms of being of compensatory and restorative function of civil legal liability
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Legal forms of being of compensatory and restorative function of civil legal liability
Annotation
PII
S1026-94520000616-5-1
Publication type
Article
Status
Published
Authors
Olga Dmitrieva 
Edition
Issue 9
Pages
18-24
Abstract
This article is dedicated to analysis of the forms, in which compensatory and restorative function of civil law manifests itself. Most of the focus is on the forms of civil legal liability, which are investigated from the standpoint of comparing their legal essence and legislative consolidation. It is concluded that in terms of the substantive law, compensation of losses and indemnification of the property damage, as well as penalty recovery and charging interests for the breach of the pecuniary obligations are identical, but in terms of legislation as a form of law, these constructions are different. It is argued that such forms as penalty recovery and charging interests for the breach of the pecuniary obligations not only have the function of punishment of an offender, but also have compensatory and restorative function, which they does not just execute objectively, but in a certain way are designed to fulfill it.
Keywords
forms of civil legal liability, compensatory and restorative function, penalty function, losses, penalty, charging interests for the breach of the pecuniary obligations, legal nature and legislative construction
Date of publication
01.09.2016
Number of purchasers
1
Views
1059
Readers community rating
0.0 (0 votes)
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Additional sources and materials

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 2. Alekseev S.S. Pravo: azbuka -teoriya -filosofiya. Opyt kompleksnogo issledovaniya. M., 1999. S. 221, 222 
 
 3. Alekseev S.S. Voskhozhdenie k pravu. Poiski i resheniya. M., 2001. S. 280, 281 
 
 4. Nam K.V. Ubytki i neustojka//Aktual'nye voprosy grazhdanskogo prava/Pod red. M.I. Braginskogo. M., 1998. S. 350 
 
 5. Agarkov M.M. Izbr. trudy po grazhdanskomu pravu. V 2-kh t. T. 2. M., 2002. S. 319

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