COMPARATIVE LEGAL ANALYSIS OF THE CONTENT OF SOME CONCEPTS OF THE US CONTRACT LAW AND THE RUSSIAN CIVIL LAW

The author conducts a comparative legal analysis of the Russian civil law and the US Contract law in order to identify the American legal term corresponding to the Russian legal term “transaction” («сделка»). The author uses the Uniform Commercial Code of the USA and the US legal literature (dictionaries, textbooks, etc.), including published in English, as well as the Russian‑language sources (dissertations, articles, monographs, etc.), translations of the US Contract Law terms most closely correspond to the Russian legal term “transaction” (“сделка”), and denote the basis for the occurrence of obligations. The goal of the study is to resolve the issue of existence in the US law of the equivalent of the Russian term “transaction” (“сделка”) contained in the Russian law, and of similar importance: one of the reasons for the emergence, change or termination of a large number of obligations, united by one term. In addition, the author asks the question of the need for a correct translation into Russian and an understanding of the relevant English‑language terms by the Russian legal community. The article points to the impermissibility of translation of the American legal term, which would fully correspondent to the content of the Russian legal term “transaction” (“сделка”), since in the case of a negative answer to the first question, there are no grounds for the free use of the term “transaction” (“сделка”) to a particular legal fact in the American law. The results of the research can be useful for teachers, students and postgraduates studying the disciplines “Civil Law”, “Contract Law”, “Civil and Commercial Law of Foreign Countries”, as well as practicing professionals whose professional activities are related to the work and translation of legal texts containing terms of the American contract law.

transaction, contract, agreement, bargain, US Contract law, obligation, comparative legal analysis, transaction, civil law.

Gamov D. S. Comparative legal analysis of the content of some concepts of the US contract law and the Russian civil law // Business. Education. Law. 2018. No. 4 (45). Pp. 349–353. DOI: 10.25683/VOLBI.2018.45.406.