Advanced

Declaring a contract as void- a comparative study of Swedish and Russian law.

Wallgren, Anna (2006)
Department of Law
Abstract
The Russian federation has experienced significant changes during the last century. Tsarist Russia, the Soviet Union and today's democratic Russia are three entirely different societies, with different economic and legal realities. The transition from planned economy to market economy, from communism to democracy has not been easy and has demanded significant changes in the legal system. Civil law was the area that demanded the most changes. Lenin wanted to completely abolish civil law, and during the soviet era most of the civil law was transferred to public law. Because of this, a comprehensive work was needed to establish a new civil code suitable for the Russian society after perestroika. This thesis gives a brief introduction to... (More)
The Russian federation has experienced significant changes during the last century. Tsarist Russia, the Soviet Union and today's democratic Russia are three entirely different societies, with different economic and legal realities. The transition from planned economy to market economy, from communism to democracy has not been easy and has demanded significant changes in the legal system. Civil law was the area that demanded the most changes. Lenin wanted to completely abolish civil law, and during the soviet era most of the civil law was transferred to public law. Because of this, a comprehensive work was needed to establish a new civil code suitable for the Russian society after perestroika. This thesis gives a brief introduction to Russian civil law and to the problems it has faced in its transition period, by analyzing four provisions of invalidation in chapter nine of the Civil Code. It presents the history of civil law in Russia, with a focus on the provisions on invalidation of transactions and the legal consequences of an invalidated contract. In comparing the doctrine of invalidation in Russian and Swedish law, one will find both similarities and differences between the two systems. Interesting enough the differences in wording of the legal provisions are not that different. The Russian Civil Code is modelled upon the German BGB which makes the provisions and the logic of the Code easier to understand for a Swedish lawyer. But it is also clearly influenced of old Russian laws and shaped to suit Russian culture and society. In order to make a true comparison I have also discussed what impact history and culture has had on the legal climate in today's Russia. This thesis presents a comparative study of Russian and Swedish law as to the doctrine of invalidation, both the similarities and differences between the two legal systems. (Less)
Please use this url to cite or link to this publication:
author
Wallgren, Anna
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Avtalsrätt, Komparativ rätt
language
English
id
1562854
date added to LUP
2010-03-08 15:55:30
date last changed
2010-03-08 15:55:30
@misc{1562854,
  abstract     = {The Russian federation has experienced significant changes during the last century. Tsarist Russia, the Soviet Union and today's democratic Russia are three entirely different societies, with different economic and legal realities. The transition from planned economy to market economy, from communism to democracy has not been easy and has demanded significant changes in the legal system. Civil law was the area that demanded the most changes. Lenin wanted to completely abolish civil law, and during the soviet era most of the civil law was transferred to public law. Because of this, a comprehensive work was needed to establish a new civil code suitable for the Russian society after perestroika. This thesis gives a brief introduction to Russian civil law and to the problems it has faced in its transition period, by analyzing four provisions of invalidation in chapter nine of the Civil Code. It presents the history of civil law in Russia, with a focus on the provisions on invalidation of transactions and the legal consequences of an invalidated contract. In comparing the doctrine of invalidation in Russian and Swedish law, one will find both similarities and differences between the two systems. Interesting enough the differences in wording of the legal provisions are not that different. The Russian Civil Code is modelled upon the German BGB which makes the provisions and the logic of the Code easier to understand for a Swedish lawyer. But it is also clearly influenced of old Russian laws and shaped to suit Russian culture and society. In order to make a true comparison I have also discussed what impact history and culture has had on the legal climate in today's Russia. This thesis presents a comparative study of Russian and Swedish law as to the doctrine of invalidation, both the similarities and differences between the two legal systems.},
  author       = {Wallgren, Anna},
  keyword      = {Avtalsrätt,Komparativ rätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Declaring a contract as void- a comparative study of Swedish and Russian law.},
  year         = {2006},
}