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Responsibility of the Parties After Termination of Contract: Unjust Enrichment or the Separate Stage of Contractual Relations

ФИО студента: Nikita Volodin

Руководитель: Nikolaj Nikolaevich Averchenko

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2019

The paper deals with the problem of liability of the parties when terminating the contract on the example of the two approaches to regulating the consequences of this event existing in the Russian legal system: confectionary and transformational. The application of these approaches in countries of common and civil law in comparison with the Russian law and order is investigated. Based on the analysis of the provisions of the Civil Code of the Russian Federation, acts of regulatory interpretation and law enforcement practice, the assumption is proved that, through the evolution of legal approaches to the consequences of termination of the contract, Russian civil law has moved away from universal application in relation to them. As the practice cited in the work shows, the theory of unjust enrichment is replaced by a new theory of obligation transformation that is more applicable to Russian legal realities. The latter is also proved by comparing the mechanisms of responsibility proposed by these two theories, on the basis of which a reasonable conclusion is made: the transformational approach provides better protection for the violated rights of the creditor.

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