The language of the contract as an additional condition on the form of the transaction

Abstract

The article raises the question of attributing the language of the agreement to the form of the transaction. The current legislation does not contain special requirements regarding the mandatory Russian language for the execution of agreements between residents of the Russian Federation. A cumulative analysis of legislation and law enforcement practice allows us to conclude that it is possible to recognize agreements between residents of the Russian Federation in a foreign language as valid, unless the Russian language of the transaction was an additional requirement to its form established by a regulatory act or agreement. Depending on the presence or absence of the obligation to conclude an agreement in Russian, there are various consequences of non-compliance with this condition: the nullity or the dispute of the transaction. Despite the fact that there is no obligation clearly established by law to conclude an agreement between residents of the Russian Federation in Russian, there remains law enforcement uncertainty in the interpretation of this issue, which means a high degree of risk of adverse consequences.