Performance of an Obligation as a Transaction in Russian Law

The thesis is based on the complex analyses of a dispositive transaction in Russian law. The absence of the consistent approach, the shortage of deep theoretical research and the contradictory court practice became the trigger for this current thesis. The purpose of the research is to determine if the performance of an obligation is a transaction in Russian law or not, and to determine the advisability of this approach. To achieve this goal, we fulfilled the following tasks like to analyze the notions of the ‘transaction’ and of the ‘performance of an obligation’ and their main features, to define if the key elements of the transaction are present at the performance of an obligation as a transaction or not, to determine whether this approach is suitable for Russian law and has a significance or not, to find the existing alternatives to the dispositive transaction in Russian law and, finally, to determine if the performance of an obligation as a transaction can be replaced by these legal institutions or not. The author made the conclusion regarding the existence of the dispositive transaction in Russian law and noted the good opportunities for the further development. The thesis consists of introduction, three chapters and conclusion. In the first chapter the key features of the notion of the ‘transaction’ in Russian law were considered including the theory of the transaction and different points of view according to this. Further, in the second chapter the two approaches according to the theory of Separation were analyzed and the existence of these features of the transaction was shown in the performance of the transaction. In the third chapter the alternatives to the dispositive transaction existing in Russian law were examined and the advisability of the applying of the theory of the dispositive transaction was considered.