Встречное удовлетворение в английском праве: понятие, содержание и соотношение со смежными правовыми институтами в зарубежном и российском праве

Abstract

This paper considers the concept of consideration and its necessity for the validity of contract in English law. The counter consideration is not the same as a motive or reason for a promise as it should appear to come from the promisee and has a certain legal meaning. Counter-gratification can either take the form of a promise or an action arising from a promise. One of the research objectives is to identify the requirements that must be met in order for a contract to be valid and legally enforceable. Consideration is given, inter alia, to the correlation between consideration and consideration in a contract. The paper compares counterclaims to competing doctrines such as causa as well as to counteroffsetting in Russian law. It is stated that an important purpose of counterclaims is to ensure private autonomy of parties, participation of each party not only in creating, but also in determining the content of contractual legal relations.