- Dmitriy Ye. Zakharov
- The Urals State Law University
- Legal claim as a consequence of a breach of contract under German law
- Zakharov D.Ye. Legal claim as a consequence of a breach of contract under German law. Vestnik of Kostroma State University, 2020, vol. 26, № 2, pp. 270-274 (In Russ.). DOI 10.34216/1998-0817-2020-26-2-270-274
- Publish date:
Traditionally, the consequences of a breach of contract are the focus of legal scholars, which is due not only to their theoretical significance, but also to their practical significance for both the law enforcement officer and any participant in legal relations. The German civil Code is of great importance not only as a source of German civil law, but also as a normative act that has had a great impact on the development of legal systems in the countries of the Romano-German family. Consideration of "legal claim" as a legal phenomenon of violation of a contract under German law is due to the lack of a comprehensive understanding of its nature and essence. This article attempts to understand the theoretical and practical aspects of the emergence and implementation of "legal claim" in the event of non-performance or improper performance of the contract. The methodological basis of this research is a set of methods of scientific knowledge, among which the main place is occupied by methods of system, analysis and comparative legal. Based on the conducted research, it is established that legal claim in its understanding by German law has no analogues in Russian civil law. In Germany, various legal claims for their functional purpose may arise both when negotiating the conclusion of a contract, when performing it, and when terminating it. The main legal claim in case of violation of the contract is a claim for its performance in kind and compensation for damages.
breach of contract, legal claim, claim, damages, liability, German Civil Code, performance in kind, coercion.
- Literature list:
Alekseev S.S. Obshchaia teoriia prava [The general theory of law]: in 2 vols. Moscow, Legal literature house Publ., 1982, vol. 2, 360 p. (In Russ.)
Vindsheid B. Uchebnik pandektnogo prava [Textbook of law], ed. by S.V. Pakhman. Saint Petersburg, House of Gieroglyphov and Nikiforov Publ., 1874, vol. 1, 375 p. (In Russ.)
Ivanov A.A. Teoriia gosudarstva i prava: uchebnik: posobie dlia studentov vuzov [Theory of state and law: textbook], ed. by V.P. Malakhova. Moscow, Unity-Daniti, Law and right Publ., 2009, 351 р. (In Russ.)
Karoline L. Grazhdansko-pravovaia otvetstvennost' bankov v raschetnykh pravootnosheniiakh po zakonodatel'stvu Germanii i Rossiiskoi Federatsii (sravnitel'no-pravovoi aspekt) [Civil liability of banks in settlement legal relations under the laws of Germany and the Russian Federation (comparative legal aspect)]: dis. …kand. iurid. nauk. Moscow, 2016, 209 p. (In Russ.)
Shapp Ia. Sistema germanskogo grazhdanskogo prava: uchebnik [German Civil Law System: textbook], trans. by S.V. Korolev. Moscow, International relationships Publ., 2006, 360 p. (In Russ.)
Shtol' Kh. Otvetstvennost' i ee granitsy v ramkakh dogovorov v oblasti ekonomicheskikh otnoshenii mezhdu SSSR i FRG [Responsibility and its borders in the framework of treaties in the field of economic relations between the USSR and Germany]. SSSR – FRG: dogovor vo vnutrennikh i dvustoronnikh khoziaistvennykh otnosheniiakh: sbornik [USSR - Germany: an agreement in internal and bilateral economic relations], Akademiia nauk SSSR, Institut gosudarstva i prava; red. kol.: M.M. Boguslavskii, V.V. Laptev, A.A. Rubanov. Moscow IGPAN, 1986, pp. 92–110. (In Russ.)
- Dmitriy Ye. Zakharov, ORCID 0000-0003-1384-5187, PhD in law, LLM (Germany), Associate Professor of the Department of civil law of the Urals State Law University, Russia. E-mail: email@example.com