Gelevey O. Penalty (forfeit) as kind of maintenance of execution of obligations.

The Dissertation contains the complex analysis of the theoretical and practical aspects connected to maintenance of execution of civil-law obligations by the penalty (forfeit). In this work the basic stages of becoming of the penalty are considered, the place of the penalty (forfeit) in system of kinds of maintenance of execution of obligations is determined, classification of its versions is offered. For the first time after acceptance of the new Civil Code of Ukraine the legal nature of the commodity penalty (forfeit) is investigated. One of the main problems considered in the work is the problem of a limit of use of the commodity penalty (forfeit) in treaty obligations. The author proves expediency of an establishment of patrimonial, exchangeable things as the penalty (forfeit). It is offered to determine at a legislative level the sizes of the lawful penalty (forfeit) and the basis of reduction of the penalty (forfeit) by the court.