Interest as Consideration for the Use of Monetary Funds in the Draft of the New Civil Code of Ukraine

Résumé fourni par la source

This research examines the extent to which the new legislative framework governing interest as consideration for the use of monetary funds corresponds to the contemporary needs of private law regulation and ensures an appropriate balance between the interests of creditors and debtors. The article analyses the provisions of the current Civil Code of Ukraine and the Draft of the new Civil Code concerning the application of interest for the use of monetary funds. It is observed that the current legislation is based on the general principle that a debtor is obliged to pay for the use of capital in all cases, except where otherwise expressly provided by law or agreed by the parties. This approach has given rise to significant difficulties in legal interpretation and practical application. By contrast, the Draft Civil Code links the obligation to pay interest, as well as the amount and procedure for its payment, exclusively to statutory provisions or contractual agreement. The study concludes that the Draft reflects a conceptual shift from a concise general model of regulation to a more systematic and predictable framework that recognizes interest as an autonomous civil law institution. Under this approach, interest functions not merely as general consideration for the use of monetary funds but also as an integral component of the legal mechanism governing monetary obligations. The Draft provides a detailed regulatory framework by specifying the procedure for the payment of interest, the basis and period for its accrual, the currency of performance, the rules on capitalization, the allocation of partial payments, the moment at which interest ceases to accrue, and the relationship between interest and the legal consequences of delay in performance. Particular attention is devoted to the determination of the applicable interest rate for the use of monetary funds, and the article substantiates the necessity of introducing the relevant amendments to the Civil Code of Ukraine.

Ce résumé expose les affirmations des auteurs. BNTIC ne l’interprète pas comme une validation indépendante des résultats.