The General Provisions on Purchase and Sale in the Civil Code of the Russian Federation

Общие положения о купле-продаже в Гражданском кодексе Российской Федерации
Stephen Smith
2005-01-01

Civil Code of the Russian Federationpurchase and sale provisionsremedies for sale contractstransfer of ownership
Abstract The author offers a critical examination of the provisions on purchase and sale in the Civil Code of the Russian Federation. Focusing narrowly on the text of the code, the paper starts with a broad overview of, and commentary on, the provisions and then provides a detailed article-by-article commentary on individual provisions. Potential difficulties are identified (especially with respect to transfer of ownership, remedies, and the code's attempt to blend common and civil law approaches to sale) and suggestions are offered for how the text might be clarified or, in certain cases, substantively changed. In view of the broad similarity between the provisions on sale in the Russian code and the rules on contracts of sale applicable in Western market economies generally, the paper proposes neither far-ranging criticisms nor radical reforms of the Russian law.
1
Given the broad similarity to sale rules in Western market economies, the paper does not propose radical reforms or far-ranging criticisms of Russian law.
2
Suggestions are offered for textual clarifications and, in some cases, substantive changes to the sale provisions.
3
The author identifies potential difficulties regarding transfer of ownership, remedies, and the Code's blending of common and civil law approaches to sale.
4
The paper provides a detailed article-by-article commentary on the Civil Code of the Russian Federation's purchase and sale provisions.

The provisions on purchase and sale in the Civil Code of the Russian Federation

Critical analysis and article-by-article commentary identifying difficulties (transfer of ownership, remedies, blending common and civil law approaches) and proposing clarifications or limited substantive changes to those provisions

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2005-01-01
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Stephen Smith
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