Abstract
The Civil Code of the Russian Federation regulates the use of various measures to protect violated rights and interests: first, these include universal methods for protecting civil rights (article 12 of the Civil Code); second, these include provisions of Chapter 25 of the Civil Code regarding the liability for violating one's obligations; both of them jointly comprising the institution of protection of civil rights. This article studies the issue of consequences for violating a party's duties under a loan agreement. The article differentiates safeguarding measures and liability measures to be used in case of an offense. The article also makes a conclusion regarding whether such differentiation is appropriate. Based on such differentiation, we analyze Paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation.
Highlights
The universal protections of civil rights listed in Article 12 of the Civil Code of the Russian Federation can be divided into two main groups: protective measures and liability measures, which depend on the legal nature of the specific measure, its functions and consequences
Article 12 of the Civil Code of the Russian Federation lists compensation of losses as a method of protecting civil rights, by claiming losses, the creditor does not insist on performing the obligation, but wants to compensate their incurred and future expenses to recover their funds
The use of protective measures typically does not cause the subject of such measure to acquire new liabilities
Summary
The universal protections of civil rights listed in Article 12 of the Civil Code of the Russian Federation can be divided into two main groups: protective measures and liability measures, which depend on the legal nature of the specific measure, its functions and consequences. Article 12 of the Civil Code of the Russian Federation lists compensation of losses as a method of protecting civil rights, by claiming losses, the creditor does not insist on performing the obligation, but wants to compensate their incurred and future expenses to recover their funds
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