RESPONSIBILITY OF THE PARTIES FOR NON-FULFILLMENT OF OBLIGATIONS, THE LAW BY A PRELIMINARY CONTRACT: PROBLEMS OF THEORY AND PRACTICE

Abstract

The article is devoted to the application of measures of civil liability and other measures of influence on the party-violator of the preliminary contract. Having analyzed the subject matter of the preliminary contract construction and considered the concepts of "debtor" and "creditor", it is obvious that the presentation of a claim by one of the parties to the preliminary contract on the conclusion of the main contract does not deprive the counterparty of the right to present a similar claim. The author considers the participation of third parties in the obligation as non-contractual legal relations arising from the preliminary contract. Among the means to ensure that the commitments given, such as: compulsion to conclude the basic contract, damages, earnest money, advance payment, penalty.