Open AccessFramework Agreement as the Basis of the Obligation, or Criticism of the Concept of the Article 429.1 of the Russian Civil Code
Author(s) -
Д. О. Шнигер,
Dmitriy Shniger
Publication year - 2016
Publication title -
žurnal rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2500-4298
pISSN - 1605-6590
DOI - 10.12737/22721
Subject(s) - obligation , civil code , criticism , scope (computer science) , code (set theory) , political science , law , accountability , point (geometry) , agreement , law and economics , business , sociology , computer science , mathematics , philosophy , set (abstract data type) , programming language , linguistics , geometry
The author analyzes the concept, features, scope and contents of the framework agreement from the point of view of the Russian Civil Code, the Concept of improvement of general provisions of obligation law of Russia and the needs of economic turnover. In the article the author formulated the definition of a framework agreement, which is seen as the basis of the obligation to conclude another one, main contract in the future (or several contracts). The author has analyzed the different ways to conclude the basic contract and has made legal qualifications of such contract documents (applications, specifications, etc.). Also the author has come to conclusion on the essential terms of the main contract and has provided practical recommendations for the conclusion of framework contracts and permits arising from them civil disputes. A few issues on accountability of the parties for breach of the master contract were also considered in present article.