Understanding the phenomenon of a real contract: stereotypes, new approaches, and scientific value

Mikhail Fedorovich Kazantsev,F.V Fetyukov

doi:10.1051/shsconf/202213400058

Mikhail Fedorovich Kazantsev, F.V Fetyukov

Open Access

https://doi.org/10.1051/shsconf/202213400058

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Abstract

The article deals with the definition of a real contract. It is shown that understanding the phenomenon of a real contract is based on the stereotypes: it is defined as an act of transferring a thing in the purchase and sale (tradition). This stereotype does not reflect reality. The transfer of a thing based on the sales contract is not a contract or any other transaction at all. This transfer is an execution of the sales contract. The real contract is a purchase and sale contract. In order to overcome stereotypes in the understanding of a real contract, a new methodological approach based on the doctrine of the subject of civil contractual regulation is required. The basis for classifying civil law contracts is the classification of contracts by the subject of regulation. The real civil contract is a civil contract aimed at regulating proprietary legal relations. Understanding the phenomenon of a real contract has scientific value, since it allows us to identify the legal nature of a real contract, and advances the theory of contract law by classifying contracts by the subject of regulation into obligation, real and real obligation ones.

Highlights

The contract law occupies more than half of all civil legislation rules
The real civil contract is a civil contract aimed at regulating proprietary legal relations
In understanding the phenomenon of a real contract, there are stereotypes according to which it is an act of transferring a thing in the sale and purchase

Summary

Introduction

The contract law occupies more than half of all civil legislation rules. In theory and in practice, the problem of contract law prevails. With all the huge array of literature on contracts, there are topics that have been understudied by civilists. The latter include the problem of understanding real contracts in civil law. The phenomenon of a real contract, well known to Russian pre-revolutionary civil law [1] and almost never mentioned in the Soviet civil law literature [2, p. The purpose of this article is to explain the phenomenon of a real contract on the basis of new methodological approaches

Stereotypes in understanding the phenomenon of a real contract

New approaches to understanding the phenomenon of a real contract

The scientific value of understanding the phenomenon of a real contract

Conclusion