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

Institutions

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
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

On the Issue of the Reception of the Promissory Estoppel in Russian Civil Norms Dedicated to the Conclusion of a Contract

Natalya Parygina, Maksim Komlev
1 citations
Herald of Omsk University Series Law
European and International Contract Law
4.07
article

On the Issue of the Reception of the Promissory Estoppel in Russian Civil Norms Dedicated to the Conclusion of a Contract

Natalya Parygina, Maksim Komlev
article en
1 citations

Abstract

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.

Herald of Omsk University Series LawVol. 21(4)
Omsk State University (RU)
Openalex Percentile: Top 5%
European and International Contract Law
4.07
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

On the Issue of the Reception of the <i>Promissory Estoppel </i>in Russian Civil Norms Dedicated to the Conclusion of a Contract — Natalya Parygina, Maksim Komlev · Herald of Omsk University Series Law (2024) | TGRS Research Map | TGRS