Base damages for the failure o f negotiations on a treaty (Article 434.1 o f the civil code): Problems o f legislation and practice

Tamara Shepel, Valeriy Lisitsa, Irina Kuzmina, Anara Niazova, Saule Suleimenova, Ualikhan Akhatov

Research output: Contribution to journalArticle

Abstract

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.

Original languageEnglish
Pages (from-to)2558-2567
Number of pages10
JournalAnais da Academia Brasileira de Ciencias
Volume89
Issue number3
Publication statusPublished - 1 Jan 2017

Keywords

  • Dishonesty
  • Foundation of civil liability
  • Guilt
  • Pre-contractual liability

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