Legal consequences of breach of obligation: relationship with securing mechanisms

Abstract

This article examines the legal consequences of breaching civil-law obligations in the context of current socio-economic instability and the armed aggression of the Russian Federation (hereinafter – RF) against Ukraine. The purpose of the study is to provide a comprehensive analysis of the nature, types, and mechanisms of applying legal consequences for breaches of obligations, as well as to determine their correlation with civil-law liability measures. The research focuses on the analysis of civil legislation, judicial practice—including remedies such as compensation for moral harm—and the integration of securing measures into the system of legal regulation.

The methodological framework combines the analysis of normative acts, judicial practice, scholarly works of leading civil law experts, and the systematization of legal institutions. Methods of comparative and structural analysis, generalization of court decisions, and logical and inductive reasoning were employed.The findings indicate that breaches of civil-law obligations are a destructive phenomenon that undermines the stability of civil turnover and the effectiveness of legal relations. Current legislation, particularly Articles 610–625 of the Civil Code of Ukraine (hereinafter – CCU), provides a comprehensive set of legal consequences, including termination or modification of contract terms, recovery of penalties, and compensation for damages and moral harm. However, sufficient detail and integration of these consequences with securing mechanisms remain lacking. Scientific discussions on the elements of civil wrongdoing, the relationship between objective and subjective grounds of liability, and Supreme Court practice reveal a fragmented approach to assessing the consequences of obligation breaches, highlighting the need for a systematic framework.The study concludes that the legal consequences of breaching obligations perform both compensatory and preventive functions, promoting proper contract performance and protecting creditor rights. Proposed measures to harmonize legal consequences with civil-law liability and securing mechanisms aim to enhance the predictability and effectiveness of civil legal regulation. The results have practical significance for courts and law enforcement bodies, providing a basis for establishing a stable and efficient civil turnover amid heightened socio-economic instability.