Title: FEATURES OF FOREIGN LEGAL PROVISIONS RECEPTION IN THE RUSSIAN LAW OF OBLIGATIONS ON EXAMPLE OF INDEMNITY INSTITUTE
Abstract: Abstract. The article is devoted to some problems of foreign legal norm reception in the Russian law of obligations. In this article, the authors note that the peculiarity of the Russian obligation law reform was the reception of individual institutions of other legal systems, including those based on other principles. Currently, there is the process of civil law socialization, accompanied by a curtailment of the positivist approach in law, the change of the legal paradigm per se, when the principles of conscientiousness, justice and reasonability, which are super-imperative in relation to the customary rule of law, take the first place in the legal understanding. A detailed study of the institute of indemnity adopted from the Anglo-American legal system made it possible to conclude that the introduction of a legal design with a rather contradictory application of borrowing in the country raises doubts about the effectiveness of its application in Russian Federation (for example, Article 406. 1 of RF Civil Code [1]). Summing up, the authors come to the conclusion that the provisions on indemnity, despite their abstract, non-process nature, were not blocked from the application of good faith rules to them. Key words: reception; socialization of civil law; honesty; indemnity; guilt; principle of dispositivity.
Publication Year: 2018
Publication Date: 2018-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot