Author: Паянов, Одил Жумайевич
Annotation: This article analyzes the theoretical and legal content of the principles of proper and real performance of obligations in civil law and their interrelationship. The main conditions for proper performance of an obligation, the content of the principle of real performance and its features of manifestation in normal and violated cases of obligation relations are highlighted. Also, various theoretical approaches to these principles in the doctrine of civil law are analyzed, and their existence as independent, but closely related legal principles is substantiated. The article studies the issues of performance in kind in case of violation of an obligation and the impact of payment of damages and penalties on the principle of real performance, and puts forward some proposals for improving current civil legislation.
Keywords: obligation, performance of an obligation, proper performance, real performance, performance in kind, violation of an obligation, creditor, debtor, damage, penalties, civil liability, law of obligations.
Pages in journal: 330 - 339