Cash debt and losses in the context of the dynamics of changes in obligations
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The book reveals the concept of monetary obligation, the ratio of monetary debt and losses in certain civil law institutions (termination of the contract, invalidity of transactions, unjust enrichment, insolvency (bankruptcy)), the influence of the creditor and the debtor on the formation of a monetary obligation, the principle of formalizing the claim for losses , the issues of monetary debt determined at the exchange rate, compensation for losses from inflation, novels of proving losses in the light of civil law reform, urgent problems of "unhealthy" monetary obligations. The author made an attempt to systematic analysis of percentage of interest on monetary obligations payable, in particular: under a loan agreement and a loan agreement, commercial lending, penalty and interest under Art. 317.1 of the Civil Code of the Russian Federation and Art. 395 of the Civil Code of the Russian Federation. The problems of usury and complex interest are considered: the permissibility of the simultaneous recovery of the penalty and interest under Art. 395 of the Civil Code of the Russian Federation, interest of interest at 395 of the Civil Code of the Russian Federation for the amount of losses. The book is dedicated to Singular succession, c. i.e. The assignment of the right to require the penalty, loss and replacement of execution in the obligation as the basis for a change in civil law relations. Current payments for monetary obligations are analyzed in bankruptcy proceedings, the features of judicial protection and legal regulation of the penalty and moal interest on the requirements of pledged creditors in the insolvency (bankruptcy) procedure are analyzed.
There are examples from the resolution of the Plenum of the Supreme Court of the Russian Federation dated 03.24.2016 No. 7 "On the application by the courts of some provisions of the Civil Code of the Russian Federation on liability for violation of obligations", the decision of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2017 No. 54" On some issues Application of the provisions of Chapter 24 of the Civil Code of the Russian Federation on the change of persons in an obligation on the basis of a transaction "et al. The judicial practice of the Constitutional Court of the Russian Federation, the Armed Forces of the Russian Federation, district courts, and the ICAC under the CCI of the Russian Federation is widely represented
There are examples from the resolution of the Plenum of the Supreme Court of the Russian Federation dated 03.24.2016 No. 7 "On the application by the courts of some provisions of the Civil Code of the Russian Federation on liability for violation of obligations", the decision of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2017 No. 54" On some issues Application of the provisions of Chapter 24 of the Civil Code of the Russian Federation on the change of persons in an obligation on the basis of a transaction "et al. The judicial practice of the Constitutional Court of the Russian Federation, the Armed Forces of the Russian Federation, district courts, and the ICAC under the CCI of the Russian Federation is widely represented
Author:
Author:Dobrachev Denis Viktorovich
Cover:
Cover:Hard
Category:
- Category:Law & Legal
- Category:Politics & Social Science
- Category:Reference books
ISBN:
ISBN:978-5-9998-0302-3
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