Otradnova O. Forfeit in Civil Law

The dissertation is an independent, completed scientific work, first research in Ukraine of theoretical and practical aspects of forfeit application as a means of maintenance of execution of the obligation and a measure of the civil-law responsibility. On the bases of theoretical achievements of scientists of various historical periods as well as an analysis of working and perspective legislation the author investigates a legal nature of forfeit, its place among the ways of maintenance of execution of the obligation and measures of the civil-law responsibility. The classification of the penalty as a way of maintenance of execution of the obligation is made. The basic rules, concerning to a subject of the penalty are formulated. The author analyses the bases of levying of forfeit, and the reasons of exemption from liability in the form of forfeit; she also investigates the ways of restriction of the amount of the imposed forfeit. On the grounds of the analysis of standard acts and court practice concrete proposals have been made concerning the improvement of legal regulation of forfeit application in civil law.