Recovery of Interest upon Termination of the Contract in Modern Judicial and Arbitration Practice

Problem statement. The restoration of the property rights of the parties upon termination of the contract in the absence of equivalence of counter-grants involves the reimbursement of all benefits derived in connection with the use of the property to be returned, which is ensured, inter alia, by the payment of interest per annum. Such percentages may have a different legal nature, which should be taken into account to ensure the fairness of the consequences of termination of the contract and uniformity of judicial and arbitration practice. Goals and objectives of the study: investigation of the legal nature of interest, the accrual of which is possible upon termination of a synallagmatic paid contract, under which non-equivalent property grants were made; identification of problems with the application of the institute of interest upon termination of the contract on various grounds and the formation of proposals to overcome them. Research methods: dialectical, analysis, synthesis, formal and legal. Results, brief conclusions. When determining the period of interest accrual upon termination of the contract, it is necessary to take into account their legal nature (interest-liability or legal interest), the presence or absence of special regulation, as well as the nature of the grounds for termination of the contract (whether there was a violation of the contract by the party receiving the advance or not); the regulatory basis for such differentiation follows from the prohibition enshrined in paragraph 4 of Article 1 of the Civil Code of the Russian Federation to take advantage of one’s illegal or unscrupulous behavior.