Legal acknowledgement of the conditioned fulfillment of obligations as a necessary condition for increasing the investment attractiveness of the Russian legal system
Автор: Zakharkina A.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское и предпринимательское право
Статья в выпуске: 2 (40), 2018 года.
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Introduction: one of the crucial tasks of the domestic civil science is developing a modern approach to understanding the fundamental civil law categories, "conditioned legal relations " being one of those. Purpose: to create the author's approach to the category "conditioned fulfillment of obligations ", which includes revealing the importance of reforming the Russian Federation law of obligations in the context of the regulatory arrangement of the institution of conditioned fulfillment of obligations, defining the concept and the legal nature of the institution of conditioned fulfillment of obligations under the Russian legislation, qualifying the conditioned fulfillment of obligations as an element complicating the obligation, focusing on potestative conditions of deals, consideration of the disputable topic about the Russian concept model of the counter-execution, differentiation between the conditioned fulfillment of obligations and the conditioned transaction. Methods: the methodological framework of the research is based on the following methods: general scientific dialectical method, universal scientific methods (analysis and synthesis, induction and deduction, comparison, abstracting, concrete-historical, formal logical, system-structural), and special juridical methods (comparative legal method, method of system interpretation). Results: changes in the institution of conditioned fulfillment of obligations and the absence of its proper theoretical development serve as somewhat of a limiting factor for the law enforcement potential of this civil law construction, thus making it less efficient. Conclusions: at the present stage of the civil law knowledge development and with regard to the amendments made to the general provisions on obligations, it is necessary to perform a complex analysis of the European experi- ence, to study modern foreign doctrine of the conditioned legal relations, to pay scientific attention to the forgotten results of pre-revolutionary civil law scientists on the subject under consideration, and to critically evaluate the court arbitration practice data which demonstrate significant gaps in understanding the essence of the conditioned civil relations and the legislator's approach to their regulation by both the participants of civil circulation and law executors. Legal acknowledgment of the institution of obligations fulfillment can surely be viewed as one of the necessary conditions for increasing the investment attractiveness of the Russian legal system, since constructing conditioned legal effects serves as a constitutive element of high quality contractual activities.
Complex obligations, potestative conditions, reform of the law of obligations, digital economy, conditioned fulfillment of obligations, conditioned transaction, conditioned legal relations
Короткий адрес: https://sciup.org/147227555
IDR: 147227555 | DOI: 10.17072/1995-4190-2018-40-240-263