• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Topical Method of Interpretation of Contracts

Student: Eggert Ksenia

Supervisor: Anita K. Soboleva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 7

Year of Graduation: 2018

The interpretation of contracts in Russia is a legal institution that is still evolving and has to overcome specific problems in this process. This suggests that a new original view of this legal institution could be relevant. In the author's opinion, a new approach to the old problem can be suggested by rhetoric, or rather a separate element of rhetoric - Topics. In the course of this work, the author’s main aim was to show the possibility and possible benefit of application of a topical method to the interpretation of civil law contracts. In order to achieve this, the history of Topics and the concept of “topoi” was analyzed, and the main features of the topical method in general were derived. The existing problems with the institution of interpretation of contracts in Russia were briefly shown and the possibility of using a topical method to the interpretation of contracts was proven in the context of Russian legal system. Asa result, the author came to the conclusion that the application of a topical method to the interpretation of contracts is possible, since the activities of a judge create suitable conditions for this. It was shown that a judge in a process of making a decision, has to deal with a multitude of facts, views and arguments, which is a clear attribute of the topical method. It was also concluded, that it is also most useful to search for topoi and compile catalogs on the topic of interpreting civil law contracts. This activity could have both methodological value for judges and serve as a research tool

Full text (added May 12, 2018)

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