Некоторые вопросы применения ст. 1192 ГК РФ

Abstract

In this article the author analyses the practical aspects of application of the mandatory rules of direct application (the so-called super-imperative rules) of Russian law, including the qualification of legislative requirements as super-imperative rules, inclusion into such rules of public laws (administrative, currency, etc.), consequences of adoption/enactment of such super-imperative rules for existing contractual relations and, in particular, whether it is possible to use the frustration (impossibility of performance) doctrine. It also analyses the grounds for refusal by Russian courts to apply foreign imperative rules, including such grounds for the refusal as contradiction to Russian public policy (in particular, in case of sanctions introduced by foreign states). The article focuses on application of Article 1192 of the Russian Civil Code, mainly, in the context of foreign sanctions restrictions.