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Title: Problems arising from the underdeveloped nature of the Russian law of sale of goods in relation to damages : reflections on English law as possible solution
Author: Krivopusko, Stanislav
ISNI:       0000 0004 5993 5257
Awarding Body: University of Essex
Current Institution: University of Essex
Date of Award: 2015
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The thesis consists of an analysis of provisions regulating sale of goods law within Russian Federation. The analysis focuses upon problems arising from the underdeveloped nature of Russian sale of goods law in relation to damages. The primary idea underlying this thesis is an attempt to analyse the principles behind the concept of damages as found in Russian law with a view to identifying contentious issues and suggest improvements. Along with the Russian law of sale the thesis includes comparative examination of the English law of sales, with some reference to German and US law. This comparative analysis makes it possible to assess Russian legal regulation from the perspective of the essential feature of the modem sale of goods - market economy framework. The thesis attempts to provide a conceptual legal explanation of the current inconsistencies existing in the Russian law of sale regulating damages under sales contracts. The problems of the Russian law of sale to which this thesis is dedicated are explained by the fact that current Russian legislation and the legal practice in this area do not correspond to modem legal and economic requirements, especially in the light of economic globalisation. It is inconsistent not only with legal principles applied in economically developed countries, but there are also discrepancies within Civil Code of the Russian Federation itself, which make the identification of a remedy in the form of damages difficult. The experience of English law, which has been chosen by the writer to act as a model law for the improvement of Russian law, is used to identify amendments, which must take place in order to make the Russian Civil Code effective for the application of damages under sales contracts.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available