NOTION «WEAKER PARTY OF CONTRACT»
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Author(s): | Lisitskaya A. Yu., |
| Number of journal: | 4(41) | Date: | November 2017 |
| Annotation: | This article is dedicated to the analysis of the notion «weaker party of a contract», its correlation with the freedom of contract principle. The methodology of the research is determined by the specifity of the chosen subject and includes general scientific methods such as the analysis, the synthesis, the comparison. The results of research of the legislation of the Russian Federation, practice of its application, scientific points of view allow our defining the notion of weaker party of a contract, our offering the list of reasons that influence on negotiating possibilities of weaker party of a contract. The conclusion is made that the restriction on contract freedom to protect the weaker party of contract shall be made on a case by case basis, depending on the parties of legal relations. |
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| Keywords: | contract, weaker party of contract, parties of contract, freedom of contract, restriction on contract freedom, civil-law relations, subject of civil legal relations, asymmetry of negotiating possibilities, information asymmetry, irrational behavior. |
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| For citation: | Lisitskaya A. Yu. Notion «weaker party of contract» // Business. Education. Law. 2017. No. 4 (41). P. 327–331. |
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