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Reservations in Russian contract law: general characteristics
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An analysis of Russian legislation, contractual practice and doctrinal approaches regarding the use of various clauses when drawing up agreements was carried out. The most popular contractual clauses are summarized and classified into two groups depending on the presence of a particular industry in them. Reservations that have a civil legal nature and reservations that have a non-civil legal (diversified) nature are identified. The proposed division of reservations into types according to their legal nature is conditional and does not entail a categorical distinction between them. The features of certain types of reservations are clearly examined and their legal nature is analyzed. Legislative prohibitions and the limits of dispositivity in determining the content of reservations are analyzed. The conclusion is made about the universality of contractual clauses when reaching compromises between counterparties and their impact on the legal nature of the contract as a whole.
Title: Reservations in Russian contract law: general characteristics
Description:
An analysis of Russian legislation, contractual practice and doctrinal approaches regarding the use of various clauses when drawing up agreements was carried out.
The most popular contractual clauses are summarized and classified into two groups depending on the presence of a particular industry in them.
Reservations that have a civil legal nature and reservations that have a non-civil legal (diversified) nature are identified.
The proposed division of reservations into types according to their legal nature is conditional and does not entail a categorical distinction between them.
The features of certain types of reservations are clearly examined and their legal nature is analyzed.
Legislative prohibitions and the limits of dispositivity in determining the content of reservations are analyzed.
The conclusion is made about the universality of contractual clauses when reaching compromises between counterparties and their impact on the legal nature of the contract as a whole.
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