NEW TRENDS IN QUALIFICATION OF CIVIL-LAW RELATIONS AS THE OBLIGATIONS AND THEIR LEGAL EFFECTS

  • Tatiana Nikolaevna Ukolova Togliatti State University
Keywords: qualification of civil-law relations, obligation, representations, losses, penalty, principle of good faith, pre-contractual relations, pre-contractual liability, preliminary agreement, civil-law responsibility

Abstract

The reform of civil legislation caused significant changes in the rules of the law of obligations and contract law. In the judicial practice and in civil law there is a tendency of a broad interpretation of the concept of obligation. Based on the analysis of innovations on representations and the relations arising during the conclusion of a contract, the author asserts that this approach is not justified. The representations can be given at any stage of the contractual process: completion, performance, termination. The representations are the specific information which is important while forming the intention to conclude a contract, to execute or terminate it. The representations are provided by civil liability measures. At the same time, civil liability is not limited to the breach of obligations. The author notes the versatility and diversity of pre-contractual relations, analyzes the forms and methods of the completion of a civil contract, new laws on the conclusion of agreements for negotiation, responsibility for the negligence of negotiations. The paper gives the critical analysis of the judicial practice and scientific literature on the issue that the representations and the relations arising during the negotiations when concluding contracts are binding. The analysis of the judicial practice showed that incorrect qualification of actions as obligations caused both the adverse consequences for the participants of legal relations and, in some cases, the illegal transformation of public legal relations into private legal ones. It should be noted that only in some cases at the pre-contractual stage of the contractual process obligations legal relationship can arise, for example, from a preliminary contract by virtue of which the parties undertake to conclude principle agreement in future.

Author Biography

Tatiana Nikolaevna Ukolova, Togliatti State University

senior lecturer of Chair “Civil Law and Process”

Published
2019-06-11
Section
Статьи