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The Concept of Estoppel and Its Application in Russian and foreign Civil Process: comparative analysis

Student: Ballo Nikita

Supervisor: Maryana Batalova

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Year of Graduation: 2019

The International community is realizing the importance of the forming highly developed business environment and the intensive growth of the investment appeal, together with the defense of the legal rights and interests create effective legitimate expectations' defense model. Meanwhile, in the Russian Federation, until recently legitimate expectations of the civil relations' participant, de facto, were not as an object of the legal defense. This paper is devoted to research of the significant element of the legitimate expectations' doctrine - Estoppel rule, which has a large number of diverse application areas of other states with an advanced rule of law. Estoppel as legal doctrine in its authentic meaning is more typical of international public law and acts as an independent principle. Generally, Estoppel is determined as a proscription for governments to deny the facts that were accepted or admitted by them before. In other words, Estoppel is a proscription of inconsistent behavior. The main mission of Estoppel is to prevent one party from taking advantages and benefits as a result of its inconsistence behavior to the detriment of the other party, which is in good faith relied on a certain legal situation created by the first party. This principle is a realization of the Roman maxim «allegans contraria non audiendus est» – recognition of conflicting statements as insignificant, unheard. The researcher analyzed how this mechanism works in foreign legal systems . Also a relevant court practice was investigated. This topic seems relevant and practically useful due to the fact that the institution of Estoppel is new to the Russian law. A number of domestic authors are actively investigating the mechanism of protection from abuses of law in relation to the substantive law, but there is no such elaboration in Russian science of procedural law. This paper highlights the importance of the application of Estoppel in Russian civil process.

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