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Article 395: Liability for non-performance of a monetary obligation

📅 Updated: 30.09.2026

1. In cases of improper retention of funds, avoidance of their return, interest on the amount of the debt is payable for other arrears. 2. If the loss caused to the creditor by the improper use of the goods In addition to the amount of interest due to him under paragraph 1 of this article, he is entitled to claim damages in excess of that amount from the debtor. 3. Interest on the use of funds by others shall be charged on the day the amount of the funds is paid to the creditor, unless the law, other legal acts or the contract provides for interest to be charged more than the court. 4. In the case where an agreement of the parties provides for a penalty for non-performance or improper performance of a monetary obligation, interest under this article shall not be subject to a penalty 5. Interest on interest (complex interest) shall not be accrued unless otherwise determined by law. 6. If the amount of interest to be paid is manifestly due, no interest may be applied unless otherwise provided by law or contract. disproportionate to the consequences of a breach of an obligation, the court, on the debtor ' s application, is entitled to reduce the contractual interest, but not less than the amount determined on the basis of the rate specified by the contract. I’m sorry, sir. I don’t know what to do.