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Tortiuos Interference with Contractual Relations in Foreign and Russian Jurisdictions

Student: Kuznetsov Artem

Supervisor: Artyom Karapetov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2019

Tortious interference with commercial relations is actual issue in Russian and foreign tort law. The issue of possibility of responsibility measures application is arising out as main question of this theme as well as border issues regarding admissibility of certain methods of rights protection application. Issues regarding admissibility of responsibility measures application are considered in this paper thesis. In the study of this issue the following issues was considered: (1) admissible measures of creditor’s rights protection, (2) admissible form of interventionist guilt, as well as (3) certain procedural issues as admissibility of binding interventionist by arbitration clause and applicable law clause. As a result of the study conclusions were drawn on the admissibility of responsibility measures application to the interventionist by claiming damages, contract (between debtor and interventionist) invalidation and claim for the transfer of an individually-defined thing. As a valid form of interventionist guilt, we believe that, as a general rule, it is necessary to establish the interventionist’s responsibility for intentional intervention. The paper thesis also concludes that it is permissible to distribute the arbitration clause and the clause on the applicable right to the interventionist.

Full text (added May 10, 2019)

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