Research output: Contribution to journal › Article › peer-review
Base damages for the failure o f negotiations on a treaty (Article 434.1 o f the civil code) : Problems o f legislation and practice. / Shepel, Tamara; Lisitsa, Valeriy; Kuzmina, Irina et al.
In: Anais da Academia Brasileira de Ciencias, Vol. 89, No. 3, 01.01.2017, p. 2558-2567.Research output: Contribution to journal › Article › peer-review
}
TY - JOUR
T1 - Base damages for the failure o f negotiations on a treaty (Article 434.1 o f the civil code)
T2 - Problems o f legislation and practice
AU - Shepel, Tamara
AU - Lisitsa, Valeriy
AU - Kuzmina, Irina
AU - Niazova, Anara
AU - Suleimenova, Saule
AU - Akhatov, Ualikhan
PY - 2017/1/1
Y1 - 2017/1/1
N2 - On July I. 2015, came into force the federal Law of March 8, 2015, N 42 “On Amendments to Part One of the Civil Code of the Russian Federation”, providing a number of new rules, including liability for bad faith negotiation of the contract. The aim is to address relevant for the development of Russian civil law and law enforcement task - to determine the nature of bad faith in the conduct of the parties or break the negotiations, its relationship with the guilt as a condition for the traditional civil liability. Methods: The general scientific dialectical universal scientific methods (analysis and synthesis, induction and deduction, comparison, abstraction, formal - logical, system - structural), specifically - legal techniques (comparatively - legal, systematic method of interpretation, legal method of modeling). Results for: articulated the main findings and the development of designated areas of law enforcement practice in resolving disputes on the basis of liability for bad faith negotiation of the contract. The critical analysis of the Resolution of the Plenum of the Supreme Court on March 24, 2016, N° 7 “On application by the courts of certain provisions of the Civil Code on liability for breach of obligations” to the clarification of the rules on the conditions of civil liability under Art. 434.1. of the Civil Code.
AB - On July I. 2015, came into force the federal Law of March 8, 2015, N 42 “On Amendments to Part One of the Civil Code of the Russian Federation”, providing a number of new rules, including liability for bad faith negotiation of the contract. The aim is to address relevant for the development of Russian civil law and law enforcement task - to determine the nature of bad faith in the conduct of the parties or break the negotiations, its relationship with the guilt as a condition for the traditional civil liability. Methods: The general scientific dialectical universal scientific methods (analysis and synthesis, induction and deduction, comparison, abstraction, formal - logical, system - structural), specifically - legal techniques (comparatively - legal, systematic method of interpretation, legal method of modeling). Results for: articulated the main findings and the development of designated areas of law enforcement practice in resolving disputes on the basis of liability for bad faith negotiation of the contract. The critical analysis of the Resolution of the Plenum of the Supreme Court on March 24, 2016, N° 7 “On application by the courts of certain provisions of the Civil Code on liability for breach of obligations” to the clarification of the rules on the conditions of civil liability under Art. 434.1. of the Civil Code.
KW - Dishonesty
KW - Foundation of civil liability
KW - Guilt
KW - Pre-contractual liability
UR - http://www.scopus.com/inward/record.url?scp=85043589628&partnerID=8YFLogxK
M3 - Article
AN - SCOPUS:85043589628
VL - 89
SP - 2558
EP - 2567
JO - Anais da Academia Brasileira de Ciencias
JF - Anais da Academia Brasileira de Ciencias
SN - 0001-3765
IS - 3
ER -
ID: 12214950