Competition Between Compensation and Termination Fees in Civil Law

The relevance of this topic is justified by the increasing attention of modern researchers to the legal nature of compensation for unilateral refusal to perform an obligation and the increased contractual practice of incorporating such compensation into the terms of the agreement. The purpose of the study is to identify the practical advantages of compensation and compensation for unilateral refusal to perform a contract, as well as their legal status relative to each other in the Civil Code. Objectives : to identify the main approaches to defining the legal nature of compensation and compensation for unilateral refusal to perform a contract; to examine the significant differences between the designated instruments for terminating an obligation; and to identify the common origins of the civil law institutions under consideration. The practical significance of the publication is determined by identifying the most effective mechanism for protecting the rights of the creditor among the two presented for comparative analysis. The result of the conducted study is a conclusion about the competition and overlapping of compensation and compensation for refusal of a contract in current legislation, as well as the need to amend the regulation of provisions on compensation. The novelty of the study lies in the analysis of changes in legislation affecting the regulation of compensation, identifying a trend towards expanding the concept of compensation in Russian civil law.