Inshakova A.O. The Issues of Foreign Transaction Qualification and the Legal Specifics of Its Certain Types
Inshakova Agnessa Olegovna
Doctor of Juridical Sciences, Professor,
Head of Department of Civil and International Private Law, Volgograd State University,
Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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,
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. One of the main issues raised in the regulation of cross-border economic activity and, above all, the international movement of goods, the basis of which is represented by the acts of foreign trade transactions, is the problem of qualification of the transaction itself. The author notes the absence of the statutory definition of foreign trade transactions and connects this fact with certain characteristics and legal specifics of its various forms which are disclosed in the article on the example of the legal characteristics of the countertrade deals. The methodological approach implemented in the article takes into account the existence of a special kind of foreign trade transactions, such as compensation and cooperation agreements, as well as a separate group of foreign trade transactions known as contracts – the means of financing the main commitments.
Thus, the failure to find the definition to the notion of foreign transaction is determined by the large variety of foreign trade transactions in the modern international commercial turnover as well as in legal regulation of each separate type.
The author makes conclusion on the inappropriate legislative definition of foreign transaction, as well as the correctness of the appeal to the internationally standardized documents of legal or advisory nature.
Key words: international private law, foreign economic activity, notion and features of foreign transaction, foreign trade transaction, kinds of foreign transactions.
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