THE ANATOMY OF INTEREST-BEARING LIABILITIES. LEGAL AND JUDICIAL PRACTICES IN FRANCE AND IN RUSSIA

The main indicator determining the cost of loan obligation is the cumulative amount of interest a borrower pays on a debt obligation. This article examines not only the legal nature and structure of interest liabilities, but also the legal regulation of many types of interest rates - from negative rate to disproportionately high and those that period ically fluctuate depending on the index or other base. The author answers the follow ing contemporary issues through the lens of comparative law: is it legitimate to charge anatocism? What are the consequences of the recognition of overburdened interest rates? The science paper also probes the antithetic issues of usury and negative inter est, which occupy a central position in the legal debate of most foreign jurisdictions. Moreover, in the context of usury, a distinctive feature of the subjective (French) approach is highlighted.