The subject of proof in pre-contractual liability cases
Year: 2025
Type: article
Abstract: The relevance of the present study is determined due to the insufficient legal regulation of the issues of the subject of proof in disputes related to unfair behavior of the parties in the process of negotiation aimed at the conclusion of civil law contracts. The relevance of the work is also due to the small amount of judicial practice and its inconsistency. They require further study as law enforcement practice accumulates. The aim and objectives of the research are established, which consist in the formation of reasoned, scientifically substantiated conclusions on each of the facts to be proved in cases of pre-contractual liability. In the course of the study general scientific and special methods of research - systemic, logical, analysis and synthesis, interpretation and others were used. The subject of the research is determined by normative legal acts, scientific publications of legal nature of national lawyers, Resolutions of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, materials of arbitration court practice. As a result of the research the necessity of generalization of available judicial practice and formation of a unified position of the Supreme Court of the Russian Federation on the problems of the subject of proof in cases of pre-contractual liability is grounded. It is concluded that the circumstances of the subject of proof in cases of pre-contractual liability for different compositions of unfair acts are complex and diverse, have their own distinctive features.
Source: Siberian Law Herald
Authors: R. K. Nizamova, T. L. Kuras, N. E. Shishkina
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412428529