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The Estoppel as a Protective Institution of Interests of a Bona Fide Party According to Russian Civil Law

ФИО студента: Elizaveta Yakhnovets

Руководитель: Nikita Ivanov

Кампус/факультет: School of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2016

Estoppel is the word that in Russian civil law, unfortunately, raises a lack of understanding. To make clear this principle the present profound research is introduced. The work is devoted to comparative legal analysis of the doctrine of estoppel in the two legal systems: The English and The Russian and conducted in order to find similarities and differences in their application. Notwithstanding the fact, that the doctrine of estoppel has recently implied in the Russian civil law and poorly explored in academic literature, many theoretical and practical issues are demanded to be solved in the nearest time. It should be noted that scholars try not only to research this principle, but propose solutions to the controversial topics as well. The main point of the research is to analyze these problems and solutions, offered not only by Russian science but other legal systems’ doctrines. Having identified the legal essence of estoppel and its application rules, with help of case study it will be possible to present complex outlook of the actual questions, which arise in the Russian jurisdiction. The key point is to understand the aspects about the necessity of this principle and its correlation with the issue of wide judge discretion.

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