The book explains Russian contract law in a form understandable to lawyers qualified in other countries, especially common law countries. The introduction gives a concise overview of the Russian legal system in general and contract law in particular as well as a brief insight into the history of contract law in Russia. Then the main concepts of Russian contract law are explained, using the conceptual framework of English contract law to make them accessible to someone not familiar with the codified Russian system.The book not only considers the legislation regulating Russian contractual relations but also includes appropriate case law to show how the legislation is interpreted. The focus is on contract law in Russia as it actually operates, rather than merely the legislative texts, so that it will be directly relevant to legal practitioners and others who wish to acquire knowledge of the practical application of an important element of the Russian legal system, as well as those seeking an insight into the realities of codified law in action. The target readership therefore includes legal practitioners who have to deal with Russian law, academics and students with an interest in Russian law, the law of contract and comparative civil law, as well as scholars of comparative legal systems and Russian area studies.
Maria Yefremova graduated cum laude from the Faculty of Law at the State University - Higher School of Economics in Moscow and is qualified to practise law in the Russian Federation. She also holds an LLM degree in Public International and European Union Law from the University of Amsterdam. Prior to establishing a legal practice with Svetlana Yakovleva, Maria worked for the Moscow office of White & Case LLC. Maria is currently Corporate Legal Counsel at Level 3 Communications. Svetlana Yakovleva graduated cum laude from the Faculty of Law at the State University - Higher School of Economics in Moscow and is qualified to practise law in the Russian Federation. She holds an LLM degree in Law and Economics from the Erasmus University, Rotterdam and the University of Hamburg (EMLE). Svetlana worked for the Moscow office of Debevoise & Plimpton LLP, then established and ran a legal practice with Maria Yefremova. She now holds the position of Legal and Compliance Officer at Allianz Global Assistance Russia. Jane Henderson is Senior Lecturer in Law at the Dickson Poon School of Law, King's College London, a member of King's Russia Institute and an Adjunct Professor at the University of Notre Dame (USA) in England.
I Introduction II A history of Russian contract law III The Russian State and its agencies IV The Russian court system V Sources of law VI The legal profession VII Principles of contract law VIII Conclusion 2 The Terms of a Contract I Introduction II Terms versus representations III Terms: express and implied IV Material terms V Incorporation of terms VI Interpretation of contract terms VII Unfair contract terms VIII Conclusion 3 Requirements of Form I Introduction II Types of forms of contract III Consequences of non-compliance with the required form of contract IV Conclusion 4 Formation of Contracts I Introduction II Requirements for conclusion of a contract III Formation of a contract: offer and acceptance IV Formation of a contract: single written document signed by both parties V Formation of a contract: special cases VI Moment of conclusion of the contract VII Conclusion 5 Consideration I Introduction II Counter-performance III Counter-giving for performance IV Conclusion 6 Factors Tending to Defeat Contractual Liability I Introduction II Invalidity of contracts III Contracts being not concluded IV Conclusion 7 Third Parties to the Contract I Introduction II Burdening the third party III Defining a contract for the benefit of a third party IV Variation and cancellation of contracts for the benefit of third parties V Rights of the promisee VI Defences available to the promisor VII Liability in contracts for the benefit of third parties VIII Conclusion 8 Assignment I Introduction II Effect of assignment III Assignment as a contract IV Assignment by operation of law V Conclusion 9 Performance I Introduction II Proper performance III Methods of ensuring performance IV Alternative obligations V Entire and severable obligations VI Partial performance VII Right to cure bad or incomplete performance VIII Conclusion 10 Remedies for Breach of Contract I Introduction II Damages III Penalty (?????????; neustoika) IV Required performance V Specific remedies for breach of particular types of contracts VI Restitutionary awards VII Conclusion 11 Discharge of the Contract I Introduction II General rules on discharge III Discharge by agreement IV Discharge of a contract by breach V Discharge as a result of unilateral refusal to perform VI Discharge by `frustration' VII Discharge of a contract as a result of material change of circumstances VIII Conclusion 12 Conclusion