Open AccessPublic Promise of a Reward as a Legal Fact in Civil Law
Author(s) -
Anatoliy Ryzhenkov
Publication year - 2020
Publication title -
ûrist
Language(s) - English
Resource type - Journals
ISSN - 1812-3929
DOI - 10.18572/1812-3929-2020-11-7-13
Subject(s) - obligation , action (physics) , legislation , institution , position (finance) , law and economics , political science , subject (documents) , civil code , relation (database) , law , russian federation , business , economics , computer science , physics , finance , quantum mechanics , database , library science , economic policy
The article is devoted to the problem of public promise as a legal fact. The institution of public promise of awards in the structure of the current Russian civil legislation occupies a rather uncertain position. It is shown that the mechanism described in article 1055 of the civil code of the Russian Federation in relation to the public promise of a reward is quite similar to the procedure for concluding a contract. The public promise of a reward, as presented in clause 1 of article 1055, contains all the essential terms of the contract, including its subject (action), term of performance, and price (amount of the reward). Thus, the performance of the action specified in the announcement is an acceptance, the peculiarity of which is that the obligation to pay the reward arises regardless of whether the corresponding action was performed in connection with the announcement made or independently of it (clause 4 of article 1055).