AGREEMENT OF PARTIES AS THE BASIS (METHOD) OF CHANGE OR TERMINATION OF CONTRACT Cover Image

СОГЛАШЕНИЕ СТОРОН КАК ОСНОВАНИЕ (СПОСОБ) ИЗМЕНЕНИЯ ИЛИ РАСТОРЖЕНИЯ ДОГОВОРА
AGREEMENT OF PARTIES AS THE BASIS (METHOD) OF CHANGE OR TERMINATION OF CONTRACT

Author(s): Yuri Sergeyevich Povarov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law and Transitional Justice, Civil Society, Public Law
Published by: Казанский (Приволжский) федеральный университет
Keywords: principle of freedom of contract; contract; agreement of parties; centralized and decentralized regulation; assembly decision;

Summary/Abstract: The paper reveals the legal nature and priority of agreement between the parties as the basis of change or termination of the contract. The possibility of mutually agreed change and termination of the contract by the parties is analyzed based on implementation of the principle of freedom of contract. The subject of the study is also the sources of centralized and decentralized regulation of the restrictions on freedom of modification and termination of the contract. Inconsistency of the legislation in this sphere (particularly, between the provisions of articles 450 and 450.1 of the Civil Code of the Russian Federation) is revealed. Special attention is paid to the possibility of change and termination of the contract by agreement of the majority of its participants. Therefore, convergence of the legal regimes of such individual legal acts as transaction and assembly decisions is emphasized. Practical issues associated with interpretation of the restriction to change and terminate the contract by mutual agreement of the majority of its participants are considered.

  • Issue Year: 158/2016
  • Issue No: 2
  • Page Range: 527-536
  • Page Count: 10
  • Language: Russian