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Kagalnitskova N.V., Tolstova O.S. Agreements to Eliminate Liability for Breach of a Contractual Obligation: Comparative Analysis of the Legal Regulation and Judicial Practice

DOI: https://doi.org/10.15688/lc.jvolsu.2020.4.16

Natalia V. Kagalnitskova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Law and Methods of Teaching Law, Volgograd State Socio-Pedagogical University, Prosp. Lenina, 27, 400005 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2683-9424

Olga S. Tolstova, Senior Lecturer, Department of Civil and Private International Law, Base Department of the Southern Scientific Centre of the Russian Academy of Sciences, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2984-4980


Introduction: modern legal science is faced with the task of developing the concept of an agreement on the elimination of contractual civil liability: determining its legal nature, scope and conditions for its implementation. For this purpose, the authors of the paper attempt to model the theoretical and legal basis of the agreement on the elimination of contractual liability of the debtor for non-performance, improper performance of its obligations. Using the general scientific methods – synthesis, analysis, comparative and dialectical methods, as well as the specific scientific methods of cognition, in particular, formal-legal, structural-functional and others, the authors determine the legal nature and scope of the agreement on the elimination of contractual liability for violation of a contractual obligation, and examine the practice of such application. Results: it is indicated that within the framework of the agreement on the elimination of contractual liability, it is possible to expand the list of circumstances related to “force majeure”, but taking into account the criterion of the latter: emergency and insurmountability. Conclusions: an agreement to eliminate contractual liability is not possible in contractual obligations involving a weak party, unless it is concluded in its favor. Therefore, the main scope of their application is the obligations related to the implementation of business activities. The possibility of concluding this agreement is a manifestation of the principles of autonomy of will and freedom of contract.

Key words: civil contract, contractual obligations, liability, elimination of liability, exemption from liability.

Citation. Kagalnitskova N.V., Tolstova O.S. Agreements to Eliminate Liability for Breach of a Contractual Obligation: Comparative Analysis of the Legal Regulation and Judicial Practice. Legal Concept = Pravovaya paradigma, 2020, vol. 19, no. 4, pp. 123-130. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.4.16

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