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Ablyatipova N.A., Borodin A.A. Some Features of the Preliminary Agreement in the System of Organizational Civil Relations

DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.4

Natalia A. Ablyatipova, Candidate of Sciences (Jurisprudence), Honored Lawyer of the Republic of Kazakhstan, Associate Professor, Russian State University of Justice (Crimean Branch), Pavlenko St. / Studencheskiy Lane, 5/2, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4579-3871

Andrey A. Borodin, Student, Russian State University of Justice (Crimean Branch), Pavlenko St. / Studencheskiy Lane, 5/2, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-7958-0583


Introduction: as a universal legal institution, the preliminary contract is often used in conjunction with various contractual structures, which raises many practical and theoretical questions. The conclusion of a preliminary contract is a common procedure, but due to an incomplete legal understanding of what it is, there are often situations when a person refuses to fulfill the obligations for subjective reasons or cannot do so due to the inability to fulfill the relevant obligations. In this regard, the authors set a goal: to study the features of the preliminary contract, to analyze the judicial practice and the legislative will on the application and interpretation of the terms of both the preliminary and basic contract. To achieve this goal, the following methods were used: analysis, synthesis, induction, and the theoretical and comparative law methods. Results: the study of the subject matter of the preliminary contract allowed us to identify the features of the essential conditions and distinguish the conditions of the preliminary and basic contract. Conclusions: the preliminary and basic contracts are interrelated transactions, while the conclusion of each of them involves the expression of an independent will. The analysis of the judicial practice has shown the imperfection of the legislative consolidation not only of the preliminary contract, but also of ensuring the compliance with the interests and intentions of the parties when making the main contract.

Key words: preliminary contract, organizational contract, basic contract, compulsion to conclude a contract, obligation, subject matter of the contract.

Citation. Ablyatipova N.A., Borodin A.A. Some Features of the Preliminary Agreement in the System of Organizational Civil Relations. Legal Concept, 2020, vol. 19, no. 1, pp. 32-40. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.4

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