Settlement agreement in the Russian civil process as a non-defined complex civil contract of mixed type

Автор: Rakitina L.N.

Журнал: Симбирский научный Вестник @snv-ulsu

Статья в выпуске: 3 (37), 2019 года.

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The current legislation does not contain the definition "settlement agreement", although a settlement agreement is a well-known and widespread procedural remedy of resolving the legal conflict that is the subject of judicial proceedings. Modern procedural codes - the civil procedure code of the Russian Federation, agrarian and industrial complex of the Russian Federation - pay great attention to the procedure of the approval of the settlement agreement. At the same time, the content of the settlement agreement in the procedural codes is said very sparingly, which gives scientists the food for thought. There are several views on the content of such an agreement: some believe that it should reflect mutual concessions, others believe that a settlement agreement can be based on unilateral concessions. Judicial practice is replete with examples of agreement between the parties based on both the first and second approaches. At the same time, a settlement agreement is not only a procedural means of ending a dispute in court, but at the same time it can be interpreted as a civil contract with a special procedure for its conclusion and approval...

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Civil procedure, settlement agreement, civil contract, mixed type, complex contract, non-definedcontract

Короткий адрес: https://sciup.org/14116322

IDR: 14116322

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