The article analyzes the application by commercial courts when considering cases of the provisions of the legislation on the reduction of penalties in the event of its obvious disproportion to the consequences of a violation of the obligation, based on the results of which it is concluded that it is necessary to legislatively establish the concept of «obvious disproportionate», and also suggests ways to protect the interests of the parties to the contract from unjustified reduction by courts of the amount of the penalty.
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