Fedorova Ju.S. Nonmonetary penalty: theoretical and practical issues

Fedorova Julia Sergeevna
Assistant lecturer, Department of Civi Law Disciplines,
Volgograd Branch of the Russian Presidential Academy
of National Economy and Public Administration
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Gagarin St, 8, 400131 Volgograd, Russian Federation

Abstract. The article deals with the issues concerning the essence and lawful nature of non-monetary penalty as an independent, non-nominal in law way of ensuring securities given for payments; the author substantiates the necessity of detailed regalation of its conditions in a penalty clause, analyzes the interpretations the Supreme Arbitration Court of the Russian Federation about the opportunity of applying the norms of Article 334 of the Civil Code to non-monetary penalty.
Key words: ways of ensuring the performance of contractual obligations, penalty, nonmonetary penalty, penalty in kind, fungible things, individually-defined things, penalty clause, performance of obligations in case of transmitting in kind.

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