On the Issue of the Reception of the <i>Promissory Estoppel </i>in Russian Civil Norms Dedicated to the Conclusion of a Contract
Introduction. The inclusion of norms aimed at countering contradictory behavior into the Russian contract law has made it relevant to study the nature of this legal phenomenon, identify its features, as well as compare domestic and foreign legal regulation in the referred area. Purpose. The authors have set a goal to analyze the conditions for the application of the contradictory behavior prohibition in Anglo-American law and in paragraph 3 of Article 432 of the Civil Code of the Russian Federation, compare them, identify its specific features. Methodology. The research is based on the universal dialectical method of scientific cognition; general logical methods (synthesis and analysis, generalization), special legal methods (a legal comparative, a special legal ones) were used. Results. The authors conduct a review of historical development representing the purpose of contradictory behavior prohibition in different law systems, conditions for application of Anglo-American estoppel and section 3 of Article 432 of the Civil Code of the Russian Federation are defined on the basis of foreign and domestic academic researches and court decisions. Conclusion. The authors conclude that the estoppel is a specific phenomenon of Anglo-American law compensating the formal character of an additional contract element - the consideration; features and sphere of application of the estoppel and section 3 of Article 432 of the Civil Code of the Russian Federation vary which makes the conclusion about reception of this foreign institute into Russian law erroneous.
Authors
- Natalya Parygina
- Maksim Komlev
Institutions
- Omsk State University (RU)
Publication Details
- Journal
- Herald of Omsk University Series Law
- Published
- 2024-11-29
- DOI
- https://doi.org/10.24147/1990-5173.2024.21(4).51-60
- Citations
- 1
- Primary Topic
- European and International Contract Law
- Type
- article
- Field-Weighted Citation Impact
- 4.07