Open AccessTermination of a Civil Contract Due to a Significant Change in Circumstances: Legislation and Practice of Post-Soviet States
Author(s) -
Mohammed Alhamdawi,
Maxim Nenashev
Publication year - 2021
Publication title -
pravovaâ paradigma
Language(s) - English
Resource type - Journals
eISSN - 2587-6899
pISSN - 2587-8115
DOI - 10.15688/lc.jvolsu.2020.4.5
Subject(s) - dialectic , legislation , civil code , statutory law , political science , law , civil procedure , civil law (civil law) , law and economics , sociology , epistemology , public law , philosophy
the scientific interest in the study of peculiarities of regulating the termination of a civil contract due to a significant change in circumstances in the foreign practice is predetermined by both the discussion and lack of scientific coverage of the relevant issues, and the difficulties in interpreting and applying the relevant norms of the law of obligations in Russia. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are the general scientific dialectical, comparative legal, logical-syntactic, semantic methods of cognition, as well as the methods of cause-and-effect analysis, forecasting, synthesis and analysis. Results: the study reveals the features and main problematic aspects of the application of the rules on the termination of a civil contract due to a significant change in circumstances in a number of post-Soviet states. The paper presents the insights on the need to improve the statutory regulation of the considered grounds for the termination of a civil contract in Russia, including specifying the provisions of Article 451 of the Civil Code.