Fomenko Ya.Ye. Liability for non-performance of monetary obligations in foreign currency. Qualification scientific work on the right of manuscript.
PhD thesis in the specialty 12.00.03 - civil law and civil procedure; family law; private international law (081 - Law). - Lviv State University of Internal Affairs; Lviv, 2022.
The relevance of the study topic of the study is conditioned by the need for a comprehensive study of civil liability for non-performance of monetary obligations in foreign currency and the solution of problems, associated with its application procedures, as well as the justification of proposals for more effective protection of the parties in case of breach of monetary obligations in foreign currency.
This thesis is the first study in which a comprehensive theoretical analysis of civil liability for non-performance of monetary obligations in foreign currency and developed on its basis proposals and recommendations to improve the legal regulation in this area of public relations.
Section 1 "General provisions on civil liability for non-performance of monetary obligations in foreign currency" consists of three sections, which analyze the genesis of civil liability non-performance of monetary obligations in foreign currency, the legal nature of monetary obligations in foreign currency, its essential features and content, as well as the conditions of performance of monetary obligations in foreign currency.
Section 2 "The procedure of enforcement of civil liability for breach of a monetary obligation in foreign currency" contains three sections that analyze the peculiarities of application of civil liability for non-performance of a monetary obligation expressed directly in foreign currency and monetary obligation with currency clause as well as examine the grounds for exemption from civil liability for breach of monetary obligations in foreign currency. As a general rule established by Article 625 of the Civil Code of Ukraine, a debtor who delays in fulfillment of a monetary obligation shall, at the creditor's request, pay the amount of the debt taking into account the established inflation index for the whole period of delay as well as three percent per annum on the overdue amount, unless other amount of interest is fixed by the agreement or law. The position that the annual interest and inflation losses are not part of the monetary obligation and are not a monetary sanction for default, so they are accrued regardless of the payment of a penalty by the debtor is supported. In turn, the accrual of inflation losses does not apply to monetary obligations in foreign currency, because foreign currency is not subject to indexation. Percent per annum according to Article 625 of the Civil Code of Ukraine is the way to protect property right and interest of the creditor and the measure of responsibility for non-performance of monetary obligation in foreign currency. On the other hand, interest for use of alien funds according to Article 536 of the Civil Code of Ukraine is applied on the basis of the fact of use of alien funds and establishment of the amount of the respective interest by the agreement or the current legislation.
Section 3 "Ways to protect rights and interests in case of non-performance of a monetary obligation in foreign currency" consists of two sections, which reveal the problematic aspects of the implementation of legal instruments to protect the rights and interests of the creditor and debtor in case of non-performance of a monetary obligation in foreign currency.
The theoretical conclusions substantiated by the results of the thesis allowed formulating specific proposals to improve the legal regulation in the area of study.
The results of the thesis can be used: for further scientific developments; in law enforcement activities; in the educational process when teaching the disciplines "Civil law of Ukraine", "Comercial law of Ukraine", "Public procurement according to the legislation of Ukraine", "Civil-law regulation of the procedure for providing financial services" etc..
Keywords: monetary obligations, foreign currency, civil liability, genesis, evolution of law, agreement, foreign law, performance of obligations, binding relations, proprietary relations, means of protection, subject.
