• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
For visually-impairedUser profile (HSE staff only)SearchMenu

Implementation of Foreign Civil Law Constructions in the Law of Obligations within the Civil Code of Russian Federation Reform

Student: Evgeniya Poroshina

Supervisor: Elena G. Rakova

Faculty: School of Law

Educational Programme: Advocacy (Master)

Year of Graduation: 2018

In this study, the author analyzes the results of implementation of foreign civil law institutions as novels of the Civil Code of the Russian Federation, using as the examples articles 406.1, 431.2, 434.1 and paragraph 6 of article 450.1 of the Civil Code of the Russian Federation. For this purpose, the author compares these articles with relevant foreign institutions: indemnity, warranties and representations, culpa in contrahendo and waiver. In addition, the author conducts an analysis of relevant scientific literature and arbitrage practice, on the basis of which the problematic moments associated with the application and interpretation of the listed articles of the Civil Code of the Russian Federation are revealed. As a result of the research, the author suggests possible ways to solve the educed theoretical and practical problems, as well as an assessment of the appropriateness and success of the implementation of the listed foreign mechanisms in the Civil Code of the Russian Federation.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses