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To protect the weaker party


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A commentary by Advocate Alexander Yevdokimov, Partner and Head of the Arbitration Practice of the Law Firm "YUST", was published in the Ezh-Yurist newspaper (No. 13, 2014).

The Resolution “On liberty of agreement and its limits” has already been called a turning point of development of the Russian contractual law by many specialists. After the adoption of this Resolution, the formal approach to the application of the contractual law provisions, according to which the norm is a priori imperative unless it directly mentions the right of the parties to an agreement to provide otherwise in their contract, should become a thing of the past.

From this moment on, the court must construe the norm that determines the rights and duties of the parties to a contract on the premises of its nature and purposes of the legal regulation. This means that the court must take into consideration not only the literal meaning of words and phrases of the provision, but also the goals, which the lawmaker had in mind when fixing said norm.

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