DOCTRINE OF WEAK PARTY PROTECTION:
REFORM OF THE CONTRACT LAW OF RUSSIA AND FRANCE
Anna V. Kuzmina1*, Andrey F. Baculin2
1Mari State University, Yoshkar-Ola, Russia, tsyplenkova@mail.ru
2Mari State University, Yoshkar-Ola, Russia, baculin.af@marsu.ru
*Corresponding author
Abstract
At present, active work is underway with the purpose of unification and harmonization of the European private law. The reform process affected, in particular, the national civil law systems of Russia and France. Significant amendments were introduced to the general provisions on obligations and contracts of the civil codes of Russia (2015) and France (2016, 2018). At the same time, the amendments aim to, among other things, create effective mechanisms for protecting a weak party to a contract from imposing unfair terms and conditions.
Based on the results of their comparative research, the authors of the article attempted to identify trends in the development of the doctrine on the protection of a weak party in the European contract law, compare the approaches developed in Russian post-reform contract law and French updated law of obligations with a view to further improving the provisions on contracts of adhesion in the civil law of Russia, its unification and harmonization with the European contract law.
Keywords:contract of adhesion, inequality of bargaining power, good faith, unfair contract terms, reform of the French law of obligations
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