Principles of Law of Obligation (International And National Aspects)

Abstract

Review. Forming market relations, a Russian legislator seeks to adapt previously developed of fulfillment of obligations to current conditions with account for international experience. This article considers provisions, typical for countries of the Romano-Germanic legal family, which include some general principles, that the legislator has not fleshed out in a positive norm, and Russian legislation based on judicial practice and enshrining principles of law, possessing the highest authority and being the criterion and measure of the legality of all legislative instruments. The authors research scientific standpoint on the essence and value of the of law coinciding with the position of German civil law scholars and practitioners. The authors also conduct a comparative analysis of the of performance of the obligation, the principle of good conduct of the subjects, peculiarities of limiting the principle of substantive performance of an obligation, withdrawal from an agreement (refusal to perform a contract) or from exercising the rights under the agreement, the principle of cooperation, the principle of parsimony, which, according to the authors, in conjunction with other principles, including the general principle of good faith in civil law, may provide guidance in the practical field. They define a significant place among the of fulfillment of obligations in the Russian law - the principle of inadmissibility of unilateral refusal to perform obligations and related to this controversial litigation. The article outlines features of enshrinement of the above mentioned by the CIS countries into the standards, and in the laws of foreign countries into the guidelines. It is also proposed to stipulate the definition of the terms and conditions of a standard contract adopted from the German experience in the Civil Code of the Russian Federation, which will ensure the balance between the interests of the parties to an agreement, as well as will become a means of protection against the abuse of freedom of a contract on the part of the economically stronger contractor.