Contract of Adhesion and Conceptional Changes in Russian Contract Law

Andrey F Baculin,Olga I Miagkova,Anna V Kuzmina

doi:10.5539/res.v7n8p15

Abstract

The institute of the contract of adhesion is suffering changes in Russian Contract Law nowadays. Moreover, the concept of unfair terms has been recently introduced to court practice. In this article the authors examine legal nature of these two institutes and make critical suggestions on the development of the legislation regulating contract of adhesion based on the experience of foreign countries.

Highlights

The inclusion of norms regulating contract of adhesion in article 428 of the Civil Code of the Russian Federation in 1995 has become one of the most important constituents of the development of the whole Russian Contract Law in accordance with the principles of freedom of contract, equality of parties and good faith.This legal institute is of current interest not mainly because of its unfamiliarity to Russian legislation, but because of lack of clear and unique understanding of its meaning in Civil Law doctrine and court practice
The legal nature of the contract of adhesion has been actively discussing within the framework of the Concept on Development of General Provision of Russian Law on Obligations of 2009 and Draft Law on Amendments of the Civil Code of the Russian Federation which was developed on the basis of this Concept
It must be noted that unlike most of the countries where conclusion of contracts on standard terms are regulated by law and contract of adhesion is a mere legal doctrine, in the Russian Federation the notion of “contract of adhesion” is directly fixed in law

Summary

Introduction

The inclusion of norms regulating contract of adhesion in article 428 of the Civil Code of the Russian Federation in 1995 has become one of the most important constituents of the development of the whole Russian Contract Law in accordance with the principles of freedom of contract, equality of parties and good faith. This legal institute is of current interest not mainly because of its unfamiliarity to Russian legislation, but because of lack of clear and unique understanding of its meaning in Civil Law doctrine and court practice. Understanding of the legal nature of unfair terms in contracts of adhesion has a practical value for exercising a proper judicial control of fairness and guaranteeing the effective protection of the weak contractual party

Methods

Results

Conclusion