A Preliminary Contract: Problems of Definition and Interpretation

Abstract

The paper is devoted to the study of the legal essence of a preliminary contract as an organizational contract. The author investigates the doctrine of organizational contracts with regard to its concept, features and classification in the doctrine of civil law. The paper analyzes the issue of normative consolidation of the structure of the organizational contract. The problem of independence of organizational relations in the system of civil and legal relations is described. To resolve the issues, the author carries out the analysis of semantics of the words “organizational” and “preliminary.” In order to determine the legal essence of the preliminary contract, the author analyzes the purpose of the preliminary contract and its subject matter. As a part of the definition and interpretation of the preliminary contract, the author elucidates the interrelation between the construction in question and the contract the subject matter of which involves a future thing. The organizationality of the preliminary contract is considered in the context of its gratuitousness. Using the analysis of the theoretical basis of research the author reasonably substantiates the theory of attribution of the preliminary contract to organizational contracts. On the basis of the analysis of doctrinal provisions and law enforcement practice, the author determines the purpose of the preliminary contract allowing it to be classified as belonging to the group of organizational contracts.