Features of legal procedures in the consideration of disputes related to contractual relations

Abstract

The subject of the study is the peculiarities of legal procedures in the consideration of disputes related to contractual relations. The author of the article, by analyzing and summarizing scientific materials, materials of judicial practice, comes to the conclusion that in recent years, in the consideration of disputes related to contractual relations, the search for alternative ways to resolve emerging conflicts has been actualized. The author notes that legal procedures in the implementation of reconciliation of the parties in pre-trial, judicial and other alternative methods of dispute settlement are contractual in nature, that is, contractual legal procedures are used to settle a dispute (conflict) at any stage of contractual relations, which is not typical for other types of civil relations. Meanwhile, from the standpoint of a functional approach, extrajudicial, judicial and other methods of protecting the rights of participants in contractual relations can act as an effective tool for resolving conflicts arising between the parties. In the work, the author creatively used general scientific and private scientific methods in cognitively significant unity and in a complex combination, including: analysis and synthesis, abstraction, system-structural, comparative legal, etc. The scientific novelty of the research consists in the fact that the article is a comprehensive study that examines the regulatory and security functions provided to the parties in contractual relations aimed at establishing (arising) a contractual legal relationship, changing the content and termination of contractual relations, changing the subject matter of the contract, recognizing and confirming the right, as well as eliminating disputability (conflict) in contractual relations. The key to this maxim is that the parties, as carriers of a subjective right or legal obligation, in the event of a dispute (conflict), have the opportunity to choose the method provided for by law or a reasonable model of behavior for its settlement, as well as the procedure for its implementation.