MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us According to German law, the scope of application of the provisions of legal consequences
arising from non-performance of the contract is not limited to the relations regulated by the
German Civil Code. They differ in that they are regulated in the German Commercial Code as
well as in special laws. In addition, these rules apply not only in the field of the law of
obligations, but also in the field of corporate law
10
.
In this regard, D. Medicus came to the conclusion that the provisions on the compensation of
damages under the contract, in fact, should not be regulated in the general part of the laws on
obligations, but in the general provisions of the German Civil Code or even by a separate general
law.
Similar rules exist in the Anglo-Saxon legal system, which distinguishes between the concepts of
liability under the contract and damages under the contract. According to A. Komarov, "if in the
first case the offense was committed (in the form of a contract or offense (delict)) and the type of
damage (physical, material, moral) is determined, in the second case the amount of the damage,
the legal possibility of its compensation, as well as this the amount of monetary compensation
for damage will be determined" puts forward the opinion
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.
In relation to the opinion of A. Komarov mentioned above, it can be said that in the countries of
the Anglo-Saxon legal system, the legal consequences arising from the work not performed
under the contract do not cause direct liability, first of all, the concepts of liability and damage
under the contract are clarified.
It is permissible to dwell on the legal consequences of the Republic of Uzbekistan, which is a
part of the Romano-German legal family, arising from non-fulfillment of the terms of the
contract.
As legal consequences of non-fulfillment of the terms of the contract in Uzbekistan, civil-legal
liability (compensation of damages, bailment, retention, surety, guarantee, zakalat),
administrative liability of officials (Code of administrative offences of the Republic of
Uzbekistan 175, 176 1
,
176
2
, Articles 212 and 214) and criminal liability (Articles 175, 181,
186 of the Criminal Code of the Republic of Uzbekistan).
In the contractual practice of legal entities, there are situations in which the buyer does not make
timely or complete payment to the seller for the goods delivered under the sales contract, the
product supplier does not deliver the product within the terms specified in the contract, the
contractor does not perform the construction works under the contract does not perform on time,
the customer is late in handing over advertising materials to the executor, the service provider
does not provide full service according to the contract, etc.
The Civil Code of the Republic of Uzbekistan (Uzb. Res. FK) serves as a basis for determining
that one of the parties did not fulfill their obligations or did not fulfill them properly.
Liability for non-performance or improper performance of obligations under the contract
concluded between the parties has two forms. That is,