The monograph is devoted to the problem of the abandonment of the purpose of the contract and its legal consequences, which has not been previously studied in the Russian legal space. The author analyzes this issue in a comparative-legal way, addressing the institute of frustration of contract (frustration of contract), known to English law, as well as its private case - frustration of purpose of the contract (frustration of purpose). The monograph summarizes the experience of German doctrine and practice, and also considers the approach of the modern Argentine Civil and Commercial Code on the issue of frustration of purpose of contract. This methodology allowed the author to come to the conclusion that the abandonment of the purpose of the contract in Russian law is a special case of a material change of circumstances, and the criterion that allows to distinguish the legally significant purpose of the contract from the motive indifferent to the law is the causality of the purpose (motive) of entering into the transaction.
For professors, postgraduates, masters and students of law schools and faculties, researchers, judges, notaries, lawyers and other practicing lawyers, as well as a wide range of readers interested in the problems of contract law in general and the doctrine of material change of circumstances in particular.
Author D.S. Petrova
The volume of the book is 232 p.
Book format Unprotected PDF format (the book can be read using any PDF reading program).
Year of publication 2023
Exit data Decay of the purpose of the contract in Russian law. Comparative legal study monograph [Electronic edition] D. S. Petrova. - Moscow M-Logos, 2023. - 232 с.
ISBN 978-5-6047367-7-7-7
https://m-lawbooks.ru/