Исполнение трансграничных деликтных обязательств: монетарный аспект

Международное право (НБ-Медиа). 2017. № 3. С. 78–84.

Voronkov N.

This article analyzes the peculiarities of discharge of tortious liabilities, complicated by foreign element, from the perspective of applicable under such obligations currency. The author examines the existing within the legislation of various countries approaches towards the correlation between the applicable law and obligation currency. At the present stage, it seems possible to acknowledge the absence of unity of opinions within the legal science and legislation pertaining to such problematic. At the same time, the full protection of rights of the parties affected by the transboundary tortious relations is impossible without resolving the indicated issues. Within the framework of the conducted research, the author formulates the following key conclusions: firstly, notes the dissimilarities in the nature of applicable law and currency, as well as necessity of separate determination of the currency of discharging the tortious liabilities; secondly, points at purposefulness of introducing the legislative norm that contains the disputable presumption about the application of currency of the country of main residence of a compliant, considering the restorative justice orientation of the tortious liabilities. Simultaneously, the author suggests providing opportunity to the affected party to dispute presumption, proving the violation of rights and legitimate interests of a compliant by such choice of currency. 

Keywords: деликты, право ЕС, monetary obligation, денежное обязательство, tort, EU law, tort obligation, foreign currency obligation, currency applicable, деликтное обязательство, валютное обязательство, применимая валюта