The relationship between compensation for damages and the enforcement of contractual obligations in countries with different legal families

The article examines the problem of the relationship between compensation for damages and the enforcement of contractual obligations in countries with different legal families. The following methods were used in the study: dialectical, logical, systemic-structural, formal-legal, systemic, comparative-legal. The author relied on the results of domestic empirical studies by D. N. Latypa, T. A. Batrova, A. Gromov, K. A. Usacheva, M. I. Lukhmanov, as well as on foreign studies by C. Lobach, W. Ballantyne, I. Bantekas. The author analyzes the problem of the relationship between compensation for damages and the enforcement of contractual obligations in countries with Romano-Germanic, common and Muslim law, and also pays attention to countries with a mixed legal system. Discussion and conclusion: the study showed that countries from different legal families have different approaches to the issue of the relationship between enforcement (fulfilment of the obligation in kind) and compensation for damages. The existing differences in starting points have more of an impact on the theoretical side of the issue, their practical manifestation may not be so significant. This is explained by the fact that, ultimately, law enforcement officers proceed from what will be appropriate in a particular case: performance in kind or compensation for damages

Authors

Publication Details

Journal
Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Published
2024-12-23
DOI
https://doi.org/10.36511/2078-5356-2024-4-101-107
Primary Topic
Legal Studies and Reforms
Type
article
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article

The relationship between compensation for damages and the enforcement of contractual obligations in countries with different legal families

Lyudmila Hanahmedova, Viktor Semenov
Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Legal Studies and Reforms
article

The relationship between compensation for damages and the enforcement of contractual obligations in countries with different legal families

Lyudmila Hanahmedova, Viktor Semenov
article en

Abstract

The article examines the problem of the relationship between compensation for damages and the enforcement of contractual obligations in countries with different legal families. The following methods were used in the study: dialectical, logical, systemic-structural, formal-legal, systemic, comparative-legal. The author relied on the results of domestic empirical studies by D. N. Latypa, T. A. Batrova, A. Gromov, K. A. Usacheva, M. I. Lukhmanov, as well as on foreign studies by C. Lobach, W. Ballantyne, I. Bantekas. The author analyzes the problem of the relationship between compensation for damages and the enforcement of contractual obligations in countries with Romano-Germanic, common and Muslim law, and also pays attention to countries with a mixed legal system. Discussion and conclusion: the study showed that countries from different legal families have different approaches to the issue of the relationship between enforcement (fulfilment of the obligation in kind) and compensation for damages. The existing differences in starting points have more of an impact on the theoretical side of the issue, their practical manifestation may not be so significant. This is explained by the fact that, ultimately, law enforcement officers proceed from what will be appropriate in a particular case: performance in kind or compensation for damages

Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of RussiaVol. 2024(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Legal Studies and Reforms
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The relationship between compensation for damages and the enforcement of contractual obligations in countries with different legal families — Lyudmila Hanahmedova, Viktor Semenov · Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia (2024) | TGRS Research Map | TGRS