COLLECTION OF INTEREST FOR THE USE OF OTHER PEOPLE’S MONEY AS A SPECIAL WAY TO PROTECT SUBJECTIVE CIVIL RIGHTS IN CONTRACTUAL OBLIGATIONS

Abstract

The article is devoted to the analysis of such a variety of special ways to protect civil rights in contractual obligations as the collection of interest for the use of other people’s money. The author’s observation is expressed that in the field of studying the nature of special methods of protection of contractual rights, researchers mostly paid attention to general methods of protection, involuntarily ignoring the systematization of special ones. It is established that many ways of protection of contractual rights enshrined in special rules of civil law, in essence, are also detailing and adaptation to the specifics of contractual relations of general methods of protection of civil rights, which are enshrined in the provisions of Part 2 of Art. 16 of the Civil Code of Ukraine. The dual legal nature of collecting the interest for the use of other people’s money is substantiated. In the most general terms, the possibility of collecting interest for the use of other people’s money is enshrined in Art. 536 of the Civil Code of Ukraine, which includes in its content and obligations to pay them in the proper performance of the parties to the contractual obligations (loan agreement, bank deposit agreement, bank account agreement), and obligations that arise from the debtors as a result of non-performance or improper performance of their duties and, accordingly, violation of the contractual rights of their counterparties (contract of sale, rental agreement). In the first case, the payment of interest for the use of other people’s money is essentially a monetary obligation, has the character of a normal contractual condition and is present in every legal relationship mediated by these contractual constructions. Instead, in the second case, the payment of interest for the use of other people’s money is a legally prescribed method used by the creditor as a result of breach (delay) by the debtor of the contractual monetary obligation in the framework of the protection of their violated subjective rights arising from the contractual relationship, and accordingly performs a compensatory and protective function. It is in this, in our opinion, the dual legal nature of the category of payment of interest for the use of other people’s money enshrined in Art. 536 of the Civil Code of Ukraine finds its manifestation.