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Legal Nature of Forward Contracts

Student: Khismatullina Elina

Supervisor: Anna Lapteva

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The problem of determining the nature of the forward contract is essential for the proper regulation of this institution. Despite the fact that the application of such financial instrument appeared for a long time, the problem of its legal nature is still clearly not resolved either by the legislator or community of researchers. There are various theories about what is a forward contract - a transaction of purchase and sale, supply, obligation arising from a transaction bet, a mixed contract or maybe an unnamed contract. As a result of thorough testing and comparison between all approaches as well as consideration of the most profitable variant of this institute for modern trade, forward contract has been identified as a unnamed transaction.

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