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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 01/2019
Contents of Issue № 01/2019
Договор и обязательства
Kuznetsova N.G. - The Grounds for the Creation of Pre-Contractual Information Legal Relations Involving Consumers pp. 1-7


Abstract: This research is devoted to the grounds for the creation of pre-contractual information legal relations arising between enterpreneurs and consumers. In her article Kuznetsova discusses the idea offered by several experts dealing with the pre-contractual legal relations. This is the idea to view negotiations before signing a contract as a legal fact that creates pre-contractual legal relations. In her research Kuznetsova discusses whether such negotiations may be the basis for the creation of pre-contractual information legal relations that involve consumers. She analyzes individual legal facts and set of facts that may trigger the creation of such legal relations. The author has used such research methods as analysis and synthesis, induction and deduction, and formal law method, analysis and generalisation of legal sources. As a result of the research, Kuznetsova concludes that contract-related negotiations should be considered as the basis for the creation of pre-contractual legal relations. However, parties' entering into negotiations does not necessarily create pre-contractual information legal relations. These relations arise when three sets of facts are present. The first set of facts includes the following elements: public offer (or invitation to make offers) and consumer actions aimed at receiving pre-contractual information (for example, request for information). The second set of facts include an invitation to make an offer and consumer offer. The third set of facts include public offer and actions that express a consumer intent to enter into an agreement (for example, entering a building, openning a website of an enterpreneur, manipulation with vending machines). 
State institutions and legal systems
Agakishiev E. - pp. 8-18


Ilyasov A.A. - Tacit Admission in Arbitral Proceedings pp. 19-24


Abstract: In his article Iliasov touches upon particular theoretical and practical issues and rules of tacit admission aimed at improving competiteveness in arbitral proceedings. He analyzes the provisions of Part 3.1 of Article 70 of Arbitral Procedural Code of the Russian Federation that allows the court to recognize circumstances the other party refers to in order to prove their requirements or complains in case these circumstances have not been contested or disputed or other proofs of their disagreement. The research methodology includes general research methods such as analysis, synthesis, generalisation, analogy and special research methods (formal law). As a result of the research, the author concludes that the aforesaid novella is an example of inconsistent changes of arbitral proceedings that may lead to the impairment of rights of participants. The practical importance of the research is that the results can be used to prepare legal acts in the field of the procedural law. 
Law and order
Ivanova L.V. - pp. 25-33


Practical law manual
Bronnikov A.M. - pp. 34-43


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