Representations in Contract Relations: Theory and Practice

The Institute of Assurances of Circumstances received normative regulation in 2015. Almost for three years, a certain law-enforcement experience has accumulated, the study of which has high practical and theoretical value and is necessary for assessing the effectiveness of the institution's introduction, the quality of the proposed regulatory regulation. An analysis of judicial practice shows that the responsibility for providing unreliable assurances to the offender is extremely rare. There is a problem of interpreting the provisions of contracts as assurances of circumstances from a practical point of view, the jurisprudence is such that contracts or other documents should indicate that the information provider is aware that information can be regarded as assurances about the circumstances. Excessive demands, the tendency towards formation of which is outlined in the judicial practice, can significantly limit the use of assurances about the situation, as it was with other institutions in the past. Therefore, it is necessary to study the current trends in order to avoid unreasonably restricting the implementation of assurances about the circumstances, including by narrowing the scope of the principle of freedom of contract. The institution itself is currently used not for its intended purpose, but for example, as proof of the good faith of the party to the contract. These problems are caused by a lack of understanding of the nature of assurances about the circumstances. The relationship between the novel and other provisions of the Civil Code causes difficulties, while the Supreme Court of the Russian Federation does not give an explanation of the procedure for applying the novel. At the same time, despite the high practical importance of applying assurances about the circumstances to a wide range of legal relations, there is currently no comprehensive research on the subject under consideration.