Wrong Price Tag at a Supermarket in the Focus of General Principles of Law

Sergei Korolev (), Yuri Shulzhenko (), Ekaterina Rusakova (), Albina Batyaeva () and Mihail Dudin ()
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Sergei Korolev: Institute of State and Law of the Russian Academy of Sciences ISL RAS Moscow Russian Federation, Postal: RU
Yuri Shulzhenko: Institute of State and Law of the Russian Academy of Sciences ISL RAS Moscow Russian Federation, Postal: RU
Ekaterina Rusakova: P ples Friendship University of Russia RUDN University Moscow Russian Federation, Postal: RU
Albina Batyaeva: P ples Friendship University of Russia RUDN University Moscow Russian Federation, Postal: RU
Mihail Dudin: Russian Presidential Academy of National Economy and Public Administration RANEPA Moscow Russian Federation, Postal: RU

Journal of Advanced Research in Law and Economics, 2018, vol. 9, issue 3(33), 1004-1010

Abstract: The article compares the German and Russian sales contract models by the example of civil cases illustrating the specifics of shopping at a supermarket Analyzing the ratio of offer and acceptance as well as the specifics of invitatio ad offerendum and the so called public agreement the authors capture the gaps of legal regulation for both models Basing on the materials presented in this article the authors consider it necessary to formulate the following main conclusions legal uncertainties exist not only in the civil and economic transactions in Russia and Germany The civil cases considered in this article were studied not only from the perspective of national legislation norms of Germany and Russia but also in the context of general principles of law the reasonable person standard and the trust protection principle the model of the sales contract adopted in the Russian law leaves the seller and the buyer in a stalemate when solving the problem of a wrong price tag at the supermarket checkout Moreover such model in the trend creates a complex legal and technical issue On the contrary the German law model of the sales contract unambiguously indicates the fact that it is impossible to recognize the wrong price tag as mandatory as this contravenes with the freedom of contract doctrine the dominant paradigm of legal positivism determines that legal value is given only to the principles clearly entrenched in the active legislation In the absence of positive law standards these gaps can be filled by applying the general principles of law recognized by the civilized nations

Date: 2018
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