On Referring an Agreement for Research and Development Services to Aleatory Transactions

The article is devoted to the question of whether an R&D contract can be classified as an aleatory transaction. The purpose of the study is to analyze, in relation to an R&D agreement, the signs of an aleatory transaction, such as: the presence of a random event of a nature beyond the control of the participants, on which the legal consequences of the transaction depend; absence of an exchange element; risk as a fundamental element of this transaction; Features of legal regulation regarding restrictions on the right to judicial protection. Based on the results of the study, the author comes to the conclusion that the R&D agreement is a risky contractual structure, but cannot be qualified as an aleatory transaction.

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Publication Details

Journal
Juridical world
Published
2024-09-12
DOI
https://doi.org/10.18572/1811-1475-2024-9-33-36
Primary Topic
Biomedical Ethics and Regulation
Type
article
Field-Weighted Citation Impact
0.00
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article

On Referring an Agreement for Research and Development Services to Aleatory Transactions

Yana M. Tsander
Juridical world
Biomedical Ethics and Regulation
article

On Referring an Agreement for Research and Development Services to Aleatory Transactions

Yana M. Tsander
article en

Abstract

The article is devoted to the question of whether an R&D contract can be classified as an aleatory transaction. The purpose of the study is to analyze, in relation to an R&D agreement, the signs of an aleatory transaction, such as: the presence of a random event of a nature beyond the control of the participants, on which the legal consequences of the transaction depend; absence of an exchange element; risk as a fundamental element of this transaction; Features of legal regulation regarding restrictions on the right to judicial protection. Based on the results of the study, the author comes to the conclusion that the R&D agreement is a risky contractual structure, but cannot be qualified as an aleatory transaction.

Juridical world
Openalex Percentile: Top 74%
Biomedical Ethics and Regulation
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