COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION AND APPLICATION OF THE RULES ON FACULTATIVE AND ALTERNATIVE OBLIGATIONS
The legal regulation of "classical" institutions of private law differs signiicantly in the country aspect, which determines the need for comparative legal study in order to improve domestic civil legislation. Facultative and alternative obligations that have received extensive legal regul...
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| Format: | Article |
| Language: | Russian |
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North-Caucasus Federal University
2021-09-01
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| Series: | Гуманитарные и юридические исследования |
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| Online Access: | https://humanitieslaw.ncfu.ru/jour/article/view/85 |
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| author | A. Zakharkina |
| author_facet | A. Zakharkina |
| author_sort | A. Zakharkina |
| collection | DOAJ |
| description | The legal regulation of "classical" institutions of private law differs signiicantly in the country aspect, which determines the need for comparative legal study in order to improve domestic civil legislation. Facultative and alternative obligations that have received extensive legal regulation in the rules of the civil code as a result of a large-scale reform of the law of obligations, need a competent scientiic and practical assessment, taking into account the experience of their legal regulation in foreign legal orders. The scien-tiic novelty of this study is that on the basis of the new theoretical provisions and novelties of the domestic legislation revealed in the work, new constructive provisions of the emerging civil law theory of facultative and alternative obligations were developed, which allowed to form a comprehensive understanding of the concept and mechanism of the proper execution of these obligations in Russian and international law, as well as in some foreign legal orders (Germany, France, Latvia, Israel, Georgia, Azerbaijan, Belarus, Kazakhstan, Ukraine, Quebec, Moldova, Austria). At the same time, the article substantiates a fundamentally new author's approach to the study of these obligations in a comparative way - through the prism of four concepts that take place in foreign legal contracts: the concept of detailed legal regulation of the construction of an alternative obligation; the concept of "truncated" legal regulation of the construction of an alternative obligation; the concept of detailed legal regulation of the structures of an alternative and facultative obligation; the concept of legal regulation of the construction of an alternative obligation without the use of this concept. The result of this comparative legal study was the author's proposals to reform the institutions of facultative and alternative obligations in terms of specifying the mechanism of their proper execution, as well as the legal consequences of the inability to provide one or more executions. |
| format | Article |
| id | doaj-art-2f253ad2fcce458a86b0eb37e309e7af |
| institution | Kabale University |
| issn | 2409-1030 |
| language | Russian |
| publishDate | 2021-09-01 |
| publisher | North-Caucasus Federal University |
| record_format | Article |
| series | Гуманитарные и юридические исследования |
| spelling | doaj-art-2f253ad2fcce458a86b0eb37e309e7af2024-12-16T07:19:28ZrusNorth-Caucasus Federal UniversityГуманитарные и юридические исследования2409-10302021-09-010312713684COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION AND APPLICATION OF THE RULES ON FACULTATIVE AND ALTERNATIVE OBLIGATIONSA. Zakharkina0Perm State National Research UniversityThe legal regulation of "classical" institutions of private law differs signiicantly in the country aspect, which determines the need for comparative legal study in order to improve domestic civil legislation. Facultative and alternative obligations that have received extensive legal regulation in the rules of the civil code as a result of a large-scale reform of the law of obligations, need a competent scientiic and practical assessment, taking into account the experience of their legal regulation in foreign legal orders. The scien-tiic novelty of this study is that on the basis of the new theoretical provisions and novelties of the domestic legislation revealed in the work, new constructive provisions of the emerging civil law theory of facultative and alternative obligations were developed, which allowed to form a comprehensive understanding of the concept and mechanism of the proper execution of these obligations in Russian and international law, as well as in some foreign legal orders (Germany, France, Latvia, Israel, Georgia, Azerbaijan, Belarus, Kazakhstan, Ukraine, Quebec, Moldova, Austria). At the same time, the article substantiates a fundamentally new author's approach to the study of these obligations in a comparative way - through the prism of four concepts that take place in foreign legal contracts: the concept of detailed legal regulation of the construction of an alternative obligation; the concept of "truncated" legal regulation of the construction of an alternative obligation; the concept of detailed legal regulation of the structures of an alternative and facultative obligation; the concept of legal regulation of the construction of an alternative obligation without the use of this concept. The result of this comparative legal study was the author's proposals to reform the institutions of facultative and alternative obligations in terms of specifying the mechanism of their proper execution, as well as the legal consequences of the inability to provide one or more executions.https://humanitieslaw.ncfu.ru/jour/article/view/85complex obligationsalternative obligationsfacultative obligationsproper performance of obligationscivil law |
| spellingShingle | A. Zakharkina COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION AND APPLICATION OF THE RULES ON FACULTATIVE AND ALTERNATIVE OBLIGATIONS Гуманитарные и юридические исследования complex obligations alternative obligations facultative obligations proper performance of obligations civil law |
| title | COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION AND APPLICATION OF THE RULES ON FACULTATIVE AND ALTERNATIVE OBLIGATIONS |
| title_full | COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION AND APPLICATION OF THE RULES ON FACULTATIVE AND ALTERNATIVE OBLIGATIONS |
| title_fullStr | COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION AND APPLICATION OF THE RULES ON FACULTATIVE AND ALTERNATIVE OBLIGATIONS |
| title_full_unstemmed | COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION AND APPLICATION OF THE RULES ON FACULTATIVE AND ALTERNATIVE OBLIGATIONS |
| title_short | COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION AND APPLICATION OF THE RULES ON FACULTATIVE AND ALTERNATIVE OBLIGATIONS |
| title_sort | comparative analysis of russian and foreign experience of legal regulation and application of the rules on facultative and alternative obligations |
| topic | complex obligations alternative obligations facultative obligations proper performance of obligations civil law |
| url | https://humanitieslaw.ncfu.ru/jour/article/view/85 |
| work_keys_str_mv | AT azakharkina comparativeanalysisofrussianandforeignexperienceoflegalregulationandapplicationoftherulesonfacultativeandalternativeobligations |