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Article

О праве подрядчика на проценты по гарантийному удержанию

Гражданское право. 2021. № 5. С. 18-21.

In the work, the author comes to the conclusion that the assumption by the courts, by virtue of the implementation of the principle of freedom of contract, of the use of such an unnamed method of securing the fulfillment of obligations as a guarantee retention, does not allow, taking into account the existing level of development of civil legislation, to unambiguously resolve the issue of the contractor's right to apply the rules on commercial credit and file a claim against the customer for the collection of interest for the period of the guarantee retention. In the absence of a direct normative consolidation, the question posed should be resolved through a balance of interests of the parties, excluding the possibility of one of them deriving unjustified benefits