ISSUE OF LIABILITY FOR DELAY IN FULFILLMENT OF OBLIGATIONS UNDER THE PURCHASE-SALE AGREEMEN

Abstract

The article is devoted to the study of the topical issue of the grounds and time dimensions of liability measures for the delay in the proper performance of their duties by the parties to the sales contract. It is emphasized that the desired behavior of the participants of contractual relations must take place within the limits of the regulatory legal relationship. But quite often counterparties do not follow the established rules of conduct, so a protective relationship arises between them. Its content is the right to demand that the creditor stop the violation and eliminate the consequences. And the duty of the debtor is to fulfill these requirements. A similar claim can also be made in court. Different contents of the violation are possible: failure to hand over goods or funds, late payment, including advance payment, etc. But not only the buyer can violate the monetary obligation, but also the seller. Such a violation consists in the non-return of other people's funds after the terms established for this purpose (refusal of the contract, impossibility of handing over the goods). And this entails legal responsibility. The grounds and procedure for bringing the debtor to criminal liability for violation of contractual discipline are analyzed. With reference to existing scientific studies, the author concludes that the thesis that a penalty is applied only if such a sanction is specified in the contract is false. Of course, the contractual mechanism has priority, but there is also the institution of regulatory penalty, which should not be neglected. In other words, the transaction (including the contract) is not the only basis for establishing or changing the legal status of the subjects of the relationship. Therefore, the statement about exclusively contractual regulation of penal liability in case of breach of obligation is erroneous. This follows from the relevant articles of the Civil and Economic Codes. In particular, in part 6 of Art. 231 of the ECU states that fines for breach of monetary obligations are set in percentages, the amount of which is determined by the discount rate of the National Bank of Ukraine, for the entire period of use of other people's funds, unless another amount of interest is provided by law.