Неденежная неустойка (в других ценностях) как способ обеспечения обязательств и как мера гражданско-правовой ответственности
Non-monetary forfeit penalty (penalty in other values) as a method of securing obligations and as a measure of civil liability

Summary/Abstract: Based on the analysis of international legal acts, normative legal acts of Latvia and of a number of foreign states, the author reveals the legal nature of the forfeit penalty expressed in other values (in a non-monetary form), and analyzes the experience of the regulatory system. Based on the views of supporters and opponents of the implementation of a non-monetary form of forfeit penalty in the national legislation, the author formulated conclusions, suggestions and recommendations for further improvement of the legislation of Latvia. As it is proved in the article (1) a non-monetary forfeit penalty is an independent way of securing obligations and at the same time one of the measures of civil liability and as such should be reflected in the legislation; (2) the subject of a non-monetary forfeit penalty agreement may be individually-defined things, things defined by generic characteristics and things individualized from among the generic; both movable and immovable; (3) an alternative non-monetary forfeit penalty is assumed to be the most effective and practically feasible; 4) identification of a non-monetary forfeit penalty with a compensation and pledge is unacceptable.

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