Interpretation of Individual Legal Contracts as a Type of Legal Activities

Student: Dostuev Roman

Supervisor: Dmitriy Mazaev

Educational Programme: Legal History, Theory and Philosophy of Law (Master)

Year of Graduation: 2018

Annotation to the master's degree dissertation on the topic: «Interpretation of individual legal contracts as a type of legal activity» Author: Dostuev Roman Elshanovich This work is devoted to the complex theoretical research of the problem of interpretation of individual legal agreements in the russian legal system. An individual legal contract is considered as an object of interpretation together with its specific features and characteristics. The necessity of interpretation of individual legal agreements from the position of philosophical hermeneutics is substantiated. The author concludes that it is necessary to expand the methodological apparatus of the use of different rules of interpretation of individual legal agreements on the example of the rules of interpretation enshrined in the unified international acts, as well as enshrined in the legislation of the Russian Empire. A certain set of tools on the use of rules and methods of interpretation both known to the Russian legal system and those that have not yet found their reflection in practice is proposed. On examples of specific court cases insufficiency of these rules of interpretation fixed in article 431 of the Civil code of the Russian Federation is shown. A hypothesis is advanced about the negative influence of the priority of objective interpretation over the subjective interpretation. Key words: legal interpretation, individual legal contract, contra preferentem interpretation.

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