Due and specific performance of contractual obligations under Russian law

Abstract

The article examines the due and specific performance of contractual obligations under Russian law in addition to determining the ratio of these categories among themselves. The relevance of this article stems from the evolution of the market economy and the concomitant increase of the role of contractual performance, which mediates the movement of benefits between the parties of a business transaction. The effectiveness of this process, contributing to the economic growth of the state, is possible if the obligations are duly performed. The aim of the work is to examine the nature and structure of due and specific performance in order to identify their interrelation and value in the course of contractual performance. The research material consisted of the Civil Code of the Russian Federation, Russian jurisprudence, and Russian authors’ scientific papers in the field of civil law. The methodological basis involved general scientific (analysis, synthesis, and analogy) and special legal methods (comparativelegal, formal-logical, systemic, structural-functional methods, and method of interpretation). The allocation of the principle of due contractual performance under Russian law is justified. Herewith, due and specific performance are not just closely interrelated, but they are related overall and as components. It seems appropriate to consider specific performance as an element of the above-mentioned principle. However, specific performance is not a principle due to its lack of universality caused by certain restrictions and conditions for its implementation, taking into account the existing legal regulation and current practice. At the same time, specific performance continues to play an important role in the course of primarily long-term contractual performance and the performance of obligations arising from contracts involving monopolistic companies.