Politkin I.A. The Organizational Function of Civil Contracts

DOI: https://doi.org/10.15688/lc.jvolsu.2025.2.8

Ilya A. Politkin, Junior Scientific Assistant, Faculty of Scientific, Pedagogical and Scientific Personnel
Training, Kikot Moscow University of the Ministry of Internal Affairs of Russia, Akademika Volgina St, 12,
117437 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0000-1737-0137

Introduction: the civil law contract is of fundamental importance to civilistics, serving as the primary instrument of private law regulation in dynamically developing public relations. The contract performs a number of key functions, among which the organizational function holds a special place. In modern civil law science, a widely held view is that the organizational function is performed only by a special, limited category of contracts, the so-called organizational contracts. It is believed that they do not create obligations but are aimed solely at structuring future relations between parties, which is why many scholars classify them as a distinct group.The purpose of this research is a critical analysis of this approach and the determination of the possibility for all types of civil law contracts, without exception, to exert an organizational influence. The main research methods employed were general scientific methods of analysis, the comparative legal method, and a systems approach. As a result of the conducted analysis, it was established that the organizational function is not the exclusive prerogative of a narrow group of contracts. It is inherent not only to classical organizational contracts aimed directly at structuring the relations of participants in civil transactions but also to obligatory contracts. The latter also perform a significant organizational role, which is manifested in establishing clear frameworks for interaction, distributing rights and obligations, and ensuring a balance of the parties’ interests to achieve the main goal – the proper fulfillment of all contract terms. Thus, the organizational element permeates the entire system of civil law contracts.

Key words: civil contract, private law regulation, organizational function, organizational contract, binding contract.

Citation. Politkin I.A. The Organizational Function of Civil Contracts. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 2, pp. 62-66. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.2.8

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