Contract law. Contractual liability, its forms (the most important)

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Contract law. Contractual liability, its forms (the most important)

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20. CONTRACTUAL LIABILITY AND ITS FORMS

Contractual liability - sanction for an offense - a violation of the terms of the contract, causing negative consequences for the violator in the form of deprivation of subjective civil rights or the imposition of new or additional civil obligations.

Signs of contractual liability:

1) property nature of contractual liability;

2) contractual liability is the responsibility of one participant in a contractual relationship to another;

3) compliance of the amount of liability with the amount of harm or loss caused;

4) the application of measures of responsibility equal in scope to various participants in the property turnover for the same type of offenses.

Form of contractual liability - a form of expression of adverse consequences in the property sphere of the offender, which are the result of the offense committed by him.

There are several forms of contractual liability:

1) damages - the debtor is obliged to compensate the creditor for losses caused by non-fulfillment or improper fulfillment of the obligation. This makes compensation for damages different from other measures of property liability, which are applied only in cases provided for by law or contract.

Losses - losses of the victim from a civil offense in the form of damage (real and lost profits) and harm (arising from tortious obligations). Compensation for losses is based on the principle of full compensation. The meaning of compensation for damages is that as a result, the creditor’s property should be in the position in which it would have been if the debtor had fulfilled the obligation properly. The implementation of this task requires compensation to the creditor for both actual damage caused by the violation of the obligation and lost profits;

2) payment of a penalty. If the law provides for a penalty for failure to fulfill the terms of the contract (legal penalty), we can talk about a form of contractual liability in its pure form. Payment of a contractual penalty is recognized as a form of contractual liability if it follows along with compensation for losses and is not an addition to compensation for losses (offset penalty) or the elimination of such compensation (exclusive penalty);

3) loss of deposit - lies in the fact that in case of non-compliance with the preliminary agreement on the conclusion of the contract, the violator is obliged to suffer deprivation in the form of a sum of money (other property provision), defined as a deposit;

4) other forms.

Author: Rezepova V.E.

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In the two decades since the discovery of the first planet outside the solar system, astronomers have found more than 350 exoplanets and taken a big step in their study. Twenty years ago, the big event was simply the discovery of a new exoplanet, and now astrophysicists are studying the structure and chemical composition of their atmospheres, climate and other characteristics. And in some cases, their moons can even be observed.

One of the important characteristics of the planets is their magnetic field. It affects the behavior of the planet's atmosphere, since it protects it from the destructive effects of the stellar wind and interacts with its ionized part - the ionosphere and magnetosphere. In addition, it can affect the evolution of the planet itself.

Direct observations of the magnetic field of exoplanets are currently not possible. So far, attempts to detect their radio emission, which would also make it possible to estimate the magnetic field, have also been unsuccessful. However, when studying the planet HD 209458b, informally named Osiris, a cloud of hot atomic hydrogen was discovered outside its magnetosphere, "evaporating" from the planet's atmosphere under the influence of a star.

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Scientists simulated the formation of a cloud of hot hydrogen around the planet and showed that the observed configuration of the cloud corresponds to only one specific value of the magnetic moment and stellar wind parameters.
To make the model more accurate, astrophysicists took into account a large number of factors that determine the interaction between the stellar wind and the planet's atmosphere: the so-called recharging between the stellar wind and neutral atmospheric particles and their ionization, gravitational effects, pressure, radiative acceleration, spectral line broadening.

The planet HD 209458b, discovered in 1999 150 light-years from Earth, is among several of the most studied and intensively studied exoplanets, as it is one of the few known objects that can be seen as they pass across the star's disk. At the same time, the light of a star comes to Earth, having passed through the atmosphere of the planet, which makes it possible to study its structure and chemical composition by spectral methods. For observations, scientists used the Hubble Space Telescope.

Simulations have shown that the planet's magnetosphere is relatively small, about 2,9 planetary radii, which corresponds to a magnetic moment of only 10% of Jupiter's. This is consistent with preliminary estimates of the effectiveness of the planetary dynamo for this planet.

Such a small magnetic field is due to the fact that the exoplanet HD 209458b is a typical hot Jupiter, that is, a gas giant with a mass of the order of Jupiter, but located much closer to the star. Thus, the exoplanet under consideration is located at a distance of less than 5 million km from the star, which is 100 times closer than Jupiter in the solar system, and even 10 times closer than the closest planet to the Sun, Mercury. Its orbital period is only 3,5 days, its mass is 0,7 Jupiter masses, and its radius is 1,4 Jupiter masses.

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