Мировое соглашение под условием: усмотрение сторон или неоконченный конфликт

Abstract

The article examines the issues of the admissibility of concluding a settlement agreement under a suspensive or resolutive condition, as well as the impact of the occurrence or non-occurrence of such conditions on the fate of the settlement agreement and its enforcement. The author makes an attempt to assess the limits of the freedom of the contract when concluding a settlement agreement, taking into account its dualistic (civil law and procedural) nature. In particular, the problem of the correlation of the principle of free agreement of conditions in a settlement agreement as a civil law contract with its inherent procedural properties of a court decision — finality, certainty, enforceability is analysed. The author reveals the practical difficulties that arise with forcing the execution of settlement agreements, especially if the obligations for one party are defined under the condition, and for the other party they are formulated specifically and are subject to immediate implementation. The article draws attention to the impact of direct prohibitions to make certain transactions under the condition established by law, on the inclusion of elements of these transactions in settlement agreements.