of the Civil Code establishes in article 330 the concept of penalty, according to which, it is understood under the law strictly stipulates the amount (cash or range), which shall be paid by the debtor to the creditor, in the event of untimely fulfillment of an obligation or improper performance of duties, which are providedlabor or civil contract.
In accordance with the definition, the essence of the penalty is that the law is determined by a sum of money to be paid regardless of the magnitude of the damage, even in cases where such damage is not applied at all.The latter circumstance alleged violation of terms of fulfillment of obligations under the employment agreement.
established by the legislation fines and penalties are the one of the few ways to persons or property responsibility of organizations for breach of contractual obligations.In addition to the amounts, the law also defines specific types of penalties and the grounds on which these sanctions are applied.For example, it should be noted that the list of these causes is much narrower than that which applies in determining the sanctions in the liability in the form of damages.The easiest when applying sanctions is the fact that this is evidence that the contractual obligations are not designed properly.
view of the variety of forms of liability for which the penalty may be applied, the law classifies the types of penalty on the following grounds, which are the objective criteria that determine the differentiation of these forms of regulation.
So, depending on the order of establishing, distinguished legal and contractual penalty.The first is defined by law and is objective, that is, its parameters can not change sides.Contract also established as a result of an agreement between the parties to the transaction.Law applies in cases where the contract did not provide it as a form of sanction for violations.The only exception to this rule is the right of parties to a contractual agreement to provide in the contract the amount of penalties in excess of that which is set by law.
All types of penalty are a statutory measure of civil liability because its causes are virtually identical to those bases of liability, which are set out in the Civil Code.In the case where a contract or a specific law does not contain precise indications on the reasons and grounds for the prosecution may appeal to the court.
as sanctions, all existing types of penalty can be combined with other types of responsibility, especially with compensation.In this case, the law provides for the classification of penalties on the following grounds:
1. Gradebook penalty gives the right to require the creditor, except for the actual payment of the penalty and damages, if any, established in accordance with law, As a rule, the measure used in cases where the amount ofpenalty considerably less losses incurred and does not cover the damage.
2. Penalty gives the right to seek full compensation for the damage, not only on the amount of the difference between the damage and the penalty, but over and above it.Typically, these sanctions are applied for the most significant violations that caused serious consequences.
3. In the case where the right to compensation for damages to the creditor refuses to apply only penalty.
4. Finally, an alternative penalty gives the lender the right to choose what kind of sanctions-elect penalty or damages.
