DEVELOPING THE SUPPLEMENTARY INTERPRETATION IN RUSSIAN JUDICIAL PRACTICE

РАЗВИТИЕ ВОСПОЛНИТЕЛЬНОГО ТОЛКОВАНИЯ В РОССИЙСКОЙ СУДЕБНОЙ ПРАКТИКЕ

Bedrosov, Vladislav (Бедросов, Владислав) ()
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Bedrosov, Vladislav (Бедросов, Владислав): VEGAS LEX Law Firm

Public administration, 2023, vol. 25, issue 4, 11-17

Abstract: The article studies the development of remedial interpretation in Russia. It also assesses whether there are cases in which this instrument has been used in Russian court practice. The study relies on the analysis of judicial practice, academic literature, and regulations, as well as on the comparative legal approach. The article examines existing interpretation methodology of contractual terms in Russian contract law.The author argues that the existing system has a significant conceptual shortcoming: its inabilityto enforce contracts without a literallyexpressed condition in the text.The text defines the general procedure for regulating relations in the absence of an explicit contractual condition - applying mandatory and dispositive rules of law, custom, analogy, and the principles of good faith, reasonableness, and fairness. The article analyzes cases of filling the relevant contractual gaps in Russian judicial practice. The author concludes that, in Russian civil law, there is no institute of «supplementing» contracts like in other legal systems. However, Russian courts still create and include terms in agreements that they think are necessary to achieve the purpose of the contract and reflect the parties’ common will.

Keywords: CONTRACT INTERPRETATION; CONTRACTUAL GAP FILLING; GENERAL WILL; IMPLIED TERMS; COURT PRACTICE (search for similar items in EconPapers)
Date: 2023
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