FRAMEWORK AGREEMENT AS THE BASIS OF THE OBLIGATION, OR CRITICISM OF THE CONCEPT OF THE ARTICLE 429.1 OF THE RUSSIAN CIVIL CODE
Rubrics: CIVIL AND FAMILY LAW. BUSINESS LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
18.11.2016
Accepted:
18.11.2016
Published:
18.11.2016
Language:
Russian
Keywords:
framework agreement, organizational commitment, cooperation, delivery, contract.
Abstract (English):
The author analyzes the concept, features, scope and contents of the framework agreement from the point of view of the Russian Civil Code, the Concept of improvement of general provisions of obligation law of Russia and the needs of economic turnover. In the article the author formulated the definition of a framework agreement, which is seen as the basis of the obligation to conclude another one, main contract in the future (or several contracts). The author has analyzed the different ways to conclude the basic contract and has made legal qualifications of such contract documents (applications, specifications, etc.). Also the author has come to conclusion on the essential terms of the main contract and has provided practical recommendations for the conclusion of framework contracts and permits arising from them civil disputes. A few issues on accountability of the parties for breach of the master contract were also considered in present article.
The author analyzes the concept, features, scope and contents of the framework agreement from the point of view of the Russian Civil Code, the Concept of improvement of general provisions of obligation law of Russia and the needs of economic turnover. In the article the author formulated the definition of a framework agreement, which is seen as the basis of the obligation to conclude another one, main contract in the future (or several contracts). The author has analyzed the different ways to conclude the basic contract and has made legal qualifications of such contract documents (applications, specifications, etc.). Also the author has come to conclusion on the essential terms of the main contract and has provided practical recommendations for the conclusion of framework contracts and permits arising from them civil disputes. A few issues on accountability of the parties for breach of the master contract were also considered in present article.
Keywords:
framework agreement, organizational commitment, cooperation, delivery, contract.
framework agreement, organizational commitment, cooperation, delivery, contract.
1. Bazyuk M. Postavka po ramochnomu dogovoru. Chto izmenitsya s prinyatiem novogo Grazhdanskogo kodeksa. Yurist kompanii. 2012. № 8.
2. Karapetov A. Ramochnyy dogovor: kommentariy k novoy stat´e 429.1 GK RF. URL: http:// zakon.ru.
3. Poduzova E. B. Organizatsionnyy dogovor i ego vidy: avtoref. dis.... kand. yurid. nauk. M., 2012.
