DOI: 10.7256/2409-7136.2017.5.22926

Abstract: The research object is the category of organizational agreements in Russian civil law. The research subject includes certain problems of the theory of organizational agreements. Special attention is paid to the problem of defining the legal nature of organizational agreements and the feature distinguishing them from other civil contracts. The author reveals particular shortcomings of one of the classifications of civil agreements, developed by civil law, which is represented by organizational and property agreements. The author considers such aspects of the issue as the possibility to apply general obligatory provisions to organizational contractual relations with particular emphasis on the possibility to use various ways of protection of contractual rights. The research methodology is based on general scientific methods (dialectical, system, inductive, deductive) and specific methods of jurisprudence (functional, system, formal-logical). The author concludes that an organizational agreement is not a contractual type of agreement; it should be considered as a general contractual construction based on one feature, distinguishing organizational agreements from other civil agreements. The criterion for distinction is the presence of organizational legal relationship as a qualifying relationship (i.e. responsible for the qualification of the agreement). The author substantiates the necessity to formalize the general contractual construction of an organizational agreement and to formulate the common rule of protection of organizational rights, which can be applied to any agreement based on the organizational agreement model. 

DOI: 10.7256/2454-0706.2017.4.22914

Abstract: The object of this research is organizational agreements, and its subject is the problems of structuring a system of organizational contracts and their classification. The purpose of this research is to build the system of organizational contracts, a brief description of its structural elements, as well as finding a classification criterion for differentiating organizational contracts. The author paid particular attention to the topical issues of assigning individual civil law treaties to a group of organizational agreements for determining the limits of the organizational contracts system, as well as certain problematic issues of some types of organizational contracts. The methodological basis of the research was formed by both general scientific methods of research (dialectical method, deductive and inductive methods, methods of analysis and synthesis) and special legal methods (system method, comparative legal method, formal legal method). The scope of the organizational contracts system is defined in the work by justifying the fallibility of including in the group of organizational agreements separate service contracts, as well as general contractual structures. The author proposes a detailed system of organizational agreements, analyzing each element. The contracts included in the proposed system of organizational contracts are subdivided into auxiliary and self-sufficient based on the systemic relationship.

DOI: 10.7256/2454-0706.2017.4.43063

Abstract: The object of this research is organizational agreements, and its subject is the problems of structuring a system of organizational contracts and their classification. The purpose of this research is to build the system of organizational contracts, a brief description of its structural elements, as well as finding a classification criterion for differentiating organizational contracts. The author paid particular attention to the topical issues of assigning individual civil law treaties to a group of organizational agreements for determining the limits of the organizational contracts system, as well as certain problematic issues of some types of organizational contracts. The methodological basis of the research was formed by both general scientific methods of research (dialectical method, deductive and inductive methods, methods of analysis and synthesis) and special legal methods (system method, comparative legal method, formal legal method). The scope of the organizational contracts system is defined in the work by justifying the fallibility of including in the group of organizational agreements separate service contracts, as well as general contractual structures. The author proposes a detailed system of organizational agreements, analyzing each element. The contracts included in the proposed system of organizational contracts are subdivided into auxiliary and self-sufficient based on the systemic relationship.