Anastasiya Al. Galitskaya. Penalty as one of the types of liability under a civil works contract: origin, theory and practice
Anastasiya Al. Galitskaya - post graduate of the department 'Civil law, international private law, civil procedure' of the Law Institute of the Russian University of Transport
Abstract. The current paper deals with the history, purpose and development of legislation on a penalty as the oldest way to ensure obligations. It analyzes its main types, development of law enforcement practice, considers the rights of parties participating in such category of cases to file petitions to reduce the penalty. The consideration of a penalty is based on the characteristics of a civil works contract. One of the features of a civil works contract is the composition of its participants, which include not only the parties to the contract themselves (a customer and an independent work contractor), but also the subcontractors, investors, and third parties involved by the general contractor. Thus, in the process of construction, the relations of the parties go far beyond the framework of the civil works contract, for example, its parties become parties of the relations between transport services, supply, insurance and many others. Since in accordance with the Civil Code of the Russian Federation, the deadline of the works is of great importance, and as a rule, the customer seeks to include into the contract as many ways ensuring fulfillment of obligations as possible, it is an analysis of a penalty that is of scientific interest.
Keywords: penalty; civil works contract; government (municipal) contract; responsibility for non-fulfillment or improper fulfillment of obligations under the government (municipal) contract; penalty as one of the types of liability; petition for reduction of the penalty.
- Sanisalova, N. A. Neustoyka v rossiyskom i zarubezhnom zakonodatel'stve [Forfeit in Russian and foreign legislation]// Izvestiya PGPU im. V. G. Belinskogo. — 2012. — № 18. — S. 151—156.