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INTEREST: ISSUES OF THEORY AND PRACTICE
Abstract
The ideas of interest existing today in the theory of civil law are described in this article. Two types of interest are defined: interest as "user fee" (Art. 317.1 of Civil Code of the Russian Federation) and interest as "responsibility for illegal use" (Art. 395 of Civil Code of the Russian Federation). The conclusion is that there is a distinction on the nature of these interests. Features of legal regulation of the interest charged as responsibility are considered. Peculiarities of legal regulation of interest charged according to Art. 317.1 of Civil Code of the Russian Federation as the "payment" established by law for interest are presented. Changes varied by the set of legal norms charging of interest according to Federal Law No. 42 dated 08.03.2015 "On amendments being made to the 1stpart of Civil Code of the Russian Federation"; problem situations in judicial practice connected with entry into legal force of this law are considered in the article. Special attention in the article is paid to the resolutions of the highest courts meeting lacks in legal regulation of interest.
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References8
See.: p.1. st. 395 of the Civil Code of the Russian Federation in red. Federal law of 08.03.2015 N 42-FZ)
Christian von Bar, Eric Clive Principles, definitions and model rules of European private law: Draft Common Frame of Reference (DCFR). Volume 1. – Oxford University Press, 2010.
Gotonda J.Y. Supplemental damages in private international law//Kluwer law Int., The Hugue, 1998.- P.15-18
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Collection of legislation of the Russian Federation. 2015. №10. Art. 1412
Decision of the Arbitration Court of the City of Moscow of December 31, 2015 // Case No. A40-138689 / 2015
Paragraph 83 of the Decree of the Plenum of the Supreme Court of March 24, 2016 No. 7 "On the application by courts of certain provisions of the Civil Code of the Russian Federation on liability for breach of obligations" // Bulletin Supreme Court of the Russian Federation.2016.№5
P. 11 Resolution of the Plenum of the Supreme Arbitration Court of October 8, 1998 No. 13/14 "On the practice of applying the provisions of the Civil Code on interest for the use of other people's funds," it should be noted that this article is formulated discretely, that is write-off of funds
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