Criteria of Risk Distribution in Contractual Obligations

  • Natalia A. ANTONOVA Institute of Service Sphere and Entrepreneurship (branch) of Don State Technical University, Rostov-on-Don, Russian Federation
  • Elena N. LUNYOVA Institute of Service Sphere and Entrepreneurship (branch) of Don State Technical University, Rostov-on-Don, Russian Federation

Abstract

One of the topical issues of civil law is risk distribution in contractual obligation, as in the process of execution of a contract there may arise the circumstances that – against the parties’ will – cause violation of the obligation and make execution of the contract impossible or very difficult. Thus, there’s a necessity for common criteria of distribution of contractual risks that allow preventing the appearance of unfavorable consequences or compensating them with less cost. These criteria could be called criteria of economic expedience.

References

[1] Antonova, N.A., and Lunyova, E.N. 2017. Insurers’ Responsibility in Insurance Liability. Journal of Advanced Research in Law and Economics, Volume VIII, Issue 3(25), Summer 2017.
[2] Antonova, N.А. 2016. Certain civil and legal problems of insuring entrepreneurial risks: monograph. Shakhty: ISSE (branch) of DSTU.
[3] Arkhipov, D.А. 2012. Distribution of contractual risks in civil law. М.: Statut,
[4] Fogelson, Y.B. 2000. Commentary to insurance law. М.
[5] Mikhailov S.V. 2002. The category of interest in the Russian civil law. М.
[6] Lomidze, E.Y. 2011. Distribution of the risk of random non-achievement of the goal between the parties of the contract. М.:Walters Cloover,
Published
2018-06-30
How to Cite
ANTONOVA, Natalia A.; LUNYOVA, Elena N.. Criteria of Risk Distribution in Contractual Obligations. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 3(33), p. 855-858, june 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2522>. Date accessed: 22 dec. 2024. doi: https://doi.org/10.14505/jarle.v9.3(33).07.