Control over the equivalence of contractual terms in Russian legislation
Автор: Isupova Ekaterina Andreevna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы юридической науки и практики
Статья в выпуске: 4 (35), 2018 года.
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Purpose: To analyze the current legislation, to consider the approach to the problem of parity of rights and obligations of the parties arising from their entry into legal relations. Methodology: Author used formal-legal method. Results: Affecting the changes made by the legislator in the field of equalization of rights and opportunities in the resolution of disputes between parties to transactions, as well as issues related to the correct formulation of the judicial act, the author points not only to the fact that the problem of violation of the rights of one of the parties due to its privileged position between the participants of business turnover exists, but also to real attempts by the state to legally eliminate this problem. Novelty/originality/value: The author, analyzing the current legislation, describing the approach to the problem of parity of rights and obligations of the parties arising as a result of their entry into legal relations, also touches upon the issue of regulation of relations between them by the state as a guarantor of observance of their rights and coercion of one of the parties to fulfill their obligations in full, in case of their non-fulfillment.
Короткий адрес: https://sciup.org/140237880
IDR: 140237880