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Implementation of Common Law Uniformity Principle in Civil Law of the Russian Federation

Student: Berezin Vitaliy

Supervisor: Anna Groysberg

Faculty: Faculty of Social Sciences and Humanities (Perm)

Educational Programme: Legal Support and Protection of Business (Master)

Year of Graduation: 2017

The work is devoted to the study of the implementation of the principle of freedom of contract in the civil law of the Russian Federation. During the works the following was revealed: 1. The principles of law are fundamental to the rest of the law. Principles have direct regulatory action. 2. A contract in the civil law of the Russian Federation is understood as a legal fact, as a legal relationship, and also as a form of law 3. The principle of freedom of contract should be understood as the right of participants in civil transactions to freely formulate rules of conduct using statutory, as well as non-statutory contractual arrangements 4. Based on an understanding of the philosophical category of freedom, it follows that freedom of contractual regulation, like any other freedom, is subject to restriction. 5. The paper identifies the need to specify in each contract type its essential conditions 6. It is necessary to consolidate at the legislative level the presumption of discretion in the norms of civil law. 7. It is necessary to consolidate at the legislative level the use of teleological interpretation by courts, while recognizing the norms of law as dispositive or imperative. 8. It is necessary to fix in the text of the law the definition of the weak party to the contract in accordance with the characteristics set forth in this paper. 9. The need to consolidate at the legislative level the principle of interpretation of the contract "contra proferentem"

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