Claims to Conclude a Contract as Class of Property in Turnover

Introduction. In this publication the author focuses on legal issues directly involved in generation of new incentives in economy. They are origination, sustainability and implementation of contractual contacts. In legal thinking the absolite approaches are still widely taken derived form the former administrative control over economy. Earlier the parties to their contracts were found and pinpointed by the governing authorities and contracts themself were being long concluded according to orders. The precontractual phase of relationship has been poorly regulated save determination of liability for bad faith negotiations and some scattered instances of compulsory conclusions of agreements. Few attention was paid to process of formation of contact between parties (art. 434.1 of the Civil Code of the Russian Federation, in force 2015). The claims aimed at enforcement of contract conclusion were regarded as non-pecuniary or unproperty ones. Purpose. The author aims to analyze existing problems of legal regulation, develop proposals and recommendations for solving them and put forward its legal qualification. Methodology. The methodological basis of the research is the universal principles of scientific cognition (comprehensiveness, consistency, objectivity), methods of cognition (comparison, ascent from the abstract to the particular), general logical methods (analysis, synthesis, induction, deduction, generalization, classification, abstraction), special legal methods (formal legal, method of interpretation of the norms of law, dogmatic). Results. The author criticizes such reasoning and suggests new interpretation of demands to form contracts and proposes stimulating legal instruments, aimed at improvement of state of affairs. This is widely considered that as managerial the claims in question are not subject to succession or in any other way transferrable. The author criticizes such reasoning and proposes a number of renewed legal interpretations. He stands for improvements of regulation and the named problems resolvement. The columnist puts forward the modes of perfections of relationship legislation base. The claim or a duty to conclude contracts not dependent on individuality of ancestor could not but be succeeded. Contemporary complicated turnover may not be placed under the rule with obstacle to such ground of transfer as inheritance. Conclusion. The demands to enter into contracts giving rise to bunch of interconnected mutual rights and obligations being a sort of property under art. 128 of the Civil Code of the Russian Federation should also be considered as civil rights object. The author differentiates claims to conclude contracts into obligatory and non-obligatory ones. First category consists of demands based on preliminary contracts or those to offerors, etc.