• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Invalidity of the Credit Contract

Student: Manko Ilya

Supervisor: Inna Peshina

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

This graduate paper is aimed at complex examining of credit contract and its invalidity in Russian civil law. The main objectives of the paper are: (1) the analysis of the legal nature of the credit contract institution; (2) the analysis of conditions of the credit contract in Russia; (3) the analysis of the place of the credit contract in the civil law deal system; (4) the analysis of the grounds for invalidating of the credit contract; (5) the analysis of the correspondence and consequences of the invalidity and non-conclusion of the credit contract. Based on this research the following conclusions were made: firstly, the credit contract is consensual, bilateral, commutative deal, and it can be qualified as the adhesion contract; secondly, the only condition of the credit contract is the subject matter, other conditions can be filled in by the common provisions of civil law; thirdly, provisions of invalidity of the deals, provided by the para. 2 chapter 9 of the Civil Code, are applicable to credit contract, except for provisions, set forth in the art. 431.1 of the Civil Code; fourthly, the most frequent ground for invalidity of the credit contract is the irregularity in written form; sixthly, non-conclusion of the credit contract and its invalidity are different notions which cause different legal consequences.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses