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Doctrine of Frustration and its Analogues in the Russian Law: Rather-legal Analysis

Student: Sitnikova Yulia

Supervisor: Vsevolod Baibak

Faculty: School of Law

Educational Programme: Civil Law and Commercial Law (Master)

Year of Graduation: 2020

The paper is devoted to a comparative legal analysis of the doctrine of frustration of contract, developed in English law and Russian analogues of this doctrine, provided for by the Civil Code of the Russian Federation. The main emphasis is on the study of Art. 451 of the Civil Code. The analysis identifies the main cases of application of the doctrine and Russian institutions in judicial practice, the conditions and consequences of its application. Based on the results of the study, it is possible to look at the Art. 451 through the prism of contract purpose frustration. An attempt is also being made to justify the unity of Russian institutions dedicated to the termination of an obligation/contract due to the occurrence of external events which are beyond control of the parties. The unifying factor is also based on frustration of purpose.

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