Contract Law in Russia

The book explains Russian contract law in a form understandable to lawyers qualified in other countries, especially common law countries. The introduction gives a concise overview of the Russian legal system in general and contract law in particular as well as a brief insight into the history of contract law in Russia. Then the main concepts of Russian contract law are explained, using the conceptual framework of English contract law to make them accessible to someone not familiar with the codified Russian system.The book not only considers the legislation regulating Russian contractual relations but also includes appropriate case law to show how the legislation is interpreted. The focus is on contract law in Russia as it actually operates, rather than merely the legislative texts, so that it will be directly relevant to legal practitioners and others who wish to acquire knowledge of the practical application of an important element of the Russian legal system, as well as those seeking an insight into the realities of codified law in action. The target readership therefore includes legal practitioners who have to deal with Russian law, academics and students with an interest in Russian law, the law of contract and comparative civil law, as well as scholars of comparative legal systems and Russian area studies.

Autorentext

Maria Yefremova graduated cum laude from the Faculty of Law at the State University - Higher School of Economics in Moscow and is qualified to practise law in the Russian Federation. She also holds an LLM degree in Public International and European Union Law from the University of Amsterdam. Prior to establishing a legal practice with Svetlana Yakovleva, Maria worked for the Moscow office of White & Case LLC. Maria is currently Corporate Legal Counsel at Level 3 Communications.

Inhalt

I Introduction
II A history of Russian contract law
III The Russian State and its agencies
IV The Russian court system
V Sources of law
VI The legal profession
VII Principles of contract law
VIII Conclusion
2 The Terms of a Contract
I Introduction
II Terms versus representations
III Terms: express and implied
IV Material terms
V Incorporation of terms
VI Interpretation of contract terms
VII Unfair contract terms
VIII Conclusion
3 Requirements of Form
I Introduction
II Types of forms of contract
III Consequences of non-compliance with the required form of contract
IV Conclusion
4 Formation of Contracts
I Introduction
II Requirements for conclusion of a contract
III Formation of a contract: offer and acceptance
IV Formation of a contract: single written document signed by both parties
V Formation of a contract: special cases
VI Moment of conclusion of the contract
VII Conclusion
5 Consideration
I Introduction
II Counter-performance
III Counter-giving for performance
IV Conclusion
6 Factors Tending to Defeat Contractual Liability
I Introduction
II Invalidity of contracts
III Contracts being not concluded
IV Conclusion
7 Third Parties to the Contract
I Introduction
II Burdening the third party
III Defining a contract for the benefit of a third party
IV Variation and cancellation of contracts for the benefit of third parties
V Rights of the promisee
VI Defences available to the promisor
VII Liability in contracts for the benefit of third parties
VIII Conclusion
8 Assignment
I Introduction
II Effect of assignment
III Assignment as a contract
IV Assignment by operation of law
V Conclusion
9 Performance
I Introduction
II Proper performance
III Methods of ensuring performance IV Alternative obligations
V Entire and severable obligations
VI Partial performance
VII Right to cure bad or incomplete performance
VIII Conclusion
10 Remedies for Breach of Contract
I Introduction
II Damages
III Penalty (?????????; neustoika)
IV Required performance
V Specific remedies for breach of particular types of contracts
VI Restitutionary awards
VII Conclusion
11 Discharge of the Contract
I Introduction
II General rules on discharge
III Discharge by agreement
IV Discharge of a contract by breach
V Discharge as a result of unilateral refusal to perform
VI Discharge by 'frustration'
VII Discharge of a contract as a result of material change of circumstances
VIII Conclusion
12 Conclusion