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Pre-contractual Liability in Russian and Foreign Civil Law

Student: Pankov Aleksandr

Supervisor: Kseniia Kondrateva

Faculty: Faculty of Social Sciences and Humanities (Perm)

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

Year of Graduation: 2018

The final qualifying paper deals with comprehensive analysis of the pre-contractual liability, which had normative consolidation in the Civil Code of the Russian Federation the 1t of June 2015. In the present paper, we analyzed the institution of pre-contractual liability fixing of the views expressed in the doctrine mentioned and judicial practice in the scope of compensation in the framework of pre-contractual liability. The grounds for engaging in pre-contractual liability and the main elements of the offenses of this institution existing in Russian and foreign law were revealed. The main problem identified in the present investigation was unavailability of legislative control to answer a lot of questions. The other side of the problem is connected with evaluative character of statutory provision. The two aspects mentioned generate questions connected with practical application of the pre-contractual liability institution. As a result of the work, the author's concept of pre-contractual liability is given, specifics of pre-contractual liability in the Russian, foreign law and order and in the case of cross-border disputes are formulated, problems of legal regulation are formulated and proposals for further improvement of the institution of pre-contractual liability are developed.

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