Estoppel and relinquishment of right in the Russian and foreign legal systems

Abstract

This article analyzes the concepts of such legal principle as estoppel. This principle is relatively new for national legislation, and was borrowed from the countries with Anglo-Saxon legal system. The subject of this research is the correlation of rule of estoppel in the Russian and foreign law, as well as its comparison with the relinquishment of right. Its appearance and normative consolidation in the national legislation is the implementation of an important stage in the concept of development of civil legislation. The article also distinguishes between the two similar concepts of civil law: relinquishment of right and waiver. The authors raise a relevant question on the absence of uniform law enforcement practice thereof. Only few scholars within the Russian science are dealing with this topic. Based on the analysis of the aforementioned legal principles and case law, the authors come to a logical conclusion on the need for a clear delineation between the concepts of estoppel and relinquishment of right for achieving uniformity of judicial practice of the Russian Federation. The purpose the examines in the article legal institutions consists in minimization or complete elimination of negative consequences caused by inconsistent behavior of one party, as well as full protection of rights and interests of other party.