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Duties of Best Efforts and Duties to Achieve a Specific Result

Student: Kostsov Vladimir

Supervisor: Artyom Karapetov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

It is a tendency of foreign private law to distinguish obligations of best efforts (moyen) and result (resultats). This tendency is reflected in the UNIDROIT Principles, which operate with this distinction as a general notion of contract law. However, in Russia this topic is not researched, although commercial practice in practice rely on this distinction. In this paper we have attempted to prove that this distinction is applicable to Russian private law and to identify its place within other principles of private law (such as fault). We underline that this distinction has broader legal consequences relative to obligations as such, and is not related to the narrow distinction between works and services, as often believed.

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