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 -