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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Egor Mashentsev
Ratio of Named, Mixed and not Named Contracts in Russian Law
Jurisprudence
(Bachelor’s programme)
2016
E.R. Mashentsev

The ratio of mixed named and unnamed contracts in the Russian civil law

The purpose of the study is to examine the criteria for selection of named, unnamed and mixed contracts in the Russian civil law.

The main objectives of the study:

1) Named contracts may be contained only in the Civil Code, or they can be named in other laws too (only in other laws)?

2) Is it enough mention of the contract just in the law?

3) To study the nature of certain types of contracts.

4) What is the logical integrity of the classification of contracts in civil law?

5) Value of the unnamed and named contracts.

6) Give own concept of the unnamed contract.

Based on the results of research and analysis, we can conclude:

1) Named contracts may be contained in the Civil Code and other laws of the Russian Federation.

2) Simple mention in the law is not enough, it also needed a positive civil regulation.

3) Unnamed contracts differ from the named mainly to the fact that exclusively governed by the general part of the Civil Code, in rare cases, unnamed contracts are governed by special provisions of the law by analogy.

4) The main difference mixed contracts from named contracts is that the mixed structure may include elements of unnamed contracts, while named contracts have only the specified elements of the contract by the legislator.

5) The difference from the named unnamed contracts is that the unnamed contracts are not regulated by the legislator, and not have their own special rules, unlike named in the Contract Law.

Scientific adviser:

Anton Aleksandrovich Ivanov (PhD, full professor, scientific director of the Faculty of Rights of HSE, Department of Civil and Business Law.)

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