Abstract

The Civil Code of the Russian Federation regulates the use of various measures to protect violated rights and interests: first, these include universal methods for protecting civil rights (article 12 of the Civil Code); second, these include provisions of Chapter 25 of the Civil Code regarding the liability for violating one's obligations; both of them jointly comprising the institution of protection of civil rights. This article studies the issue of consequences for violating a party's duties under a loan agreement. The article differentiates safeguarding measures and liability measures to be used in case of an offense. The article also makes a conclusion regarding whether such differentiation is appropriate. Based on such differentiation, we analyze Paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation.

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