THE DIRECTIONS TO IMPROVE LEGAL REGULATION OF LIABILITY FOR BREACH OF CONTRACT UNDER THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN BASED ON THE PROVISIONS OF ENGLISH LAW AND THE MODEL RULES OF EUROPEAN PRIVATE LAW
Keywords:
civil law, private law, damages, abstract damages, unproven damages, contractual liabilityAbstract
The article is devoted to the study of the approaches developed in English law regarding the regulation of liability issues for breach of obligations. Also, the author examined the rules of the Model rules of european private law (DCFR) on the procedure for collecting damages (penalties) for breach of contracts. A comparative legal analysis of foreign legal institutions and the rules of the Civil Code of the Republic of Kazakhstan on the issues of civil liability have been carried out.
The content of the article includes a step-by-step presentation of the canons of English law and the provisions of the DCFR on the liability regime in the obligation law. Based on the conducted research, proposals aimed at improving Kazakhstan's legislation are formulated.
The topic of the article is very relevant for Kazakhstan that is carrying out a number of legal reforms in the field of improving of the civil legislation focusing on the provisions of English law. At present, legal studies are conducted in Kazakhstan, aimed at identifying civil legal ideas and designs that can be dosed implemented in the domestic legislation from English law with the justification of the corresponding possibility through the prism of the needs of law enforcement practice and the achievements of the Kazakhstan's civil doctrine. In this regard, the author's study of the provisions of the Kazakhstan legislation on contractual liability and the development of recommendations regarding the possibility of implementing English approaches within the article are very timely.
The article analyzed such categories as "abstract damages" and "unproven damages", made suggestions on the perception of the design of "liquidated damages", as well as on giving a universal character to the court's right to reduce the payment agreed upon the contract for violation of the obligation.
