D.I. Stepanov Dispositive Nature of Contract Law Rules. To the Concept of Reforming General Contract Law Provisions of the Civil Code of the Russian Federation
The author of the article substantiates the necessity to provide a legislative recognition of the presumption of dispositive nature of contract law rules. The author suggests the mandatory rules to be stipulated in every law and the courts to be granted with the right to reveal mandatory provisions of the contract law. In debates the author advances an argument previously unknown to the national law, according to which it is much easier to avoid any legislator’s or other law-givers’ mistakes through maximum use of discretionary rules than to correct them post factum. In this case dispositive nature of contract law rules solves a dual task: it develops genuine freedom of contract while increasing contractual discipline among businessmen and enables implementation of the desired legislative policy without excessive imposing on individuals.
presumption of dispositive nature, imperative nature of contract law rules, freedom of contract, regulation of economic activity, regulator’s errors, reform of the Civil Code of the Russian Federation
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Review of legal positions of the Presidium of the Supreme Commercial Court of the Russian Federation on issues of private law
The review provides a description of legal positions taken by the Supreme Commercial Court of the Russian Federation in its rulings available on website www.arbitr.ru as of May, 2013. The Review is elaborated by officers of the Supreme Commercial Court of the Russian Federation Private Law Department for informational purposes only and cannot be regarded as an official position of the Supreme Commercial Court of the Russian Federation. To establish the official position of the Supreme Commercial Court of the Russian Federation the referral to the text of regulations remains essential.
lease agreement, state registration of the contract, amendment to the contract
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