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Doctrine frustrations
in English negotiable law
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A.A. Chukreev
assistant professor departments labor rights and entrepreneurship Institute states and rights
Tyumen state University, candidate legal Sciences. The address: 625003,
Russian Federation, Tyumen, st. Volodarsky, 6. E-mail: aachukreyev@mail.ru
annotation
Humanity encountered in past and inevitably will collide in future with powerful
forces natural and anthropogenic character, which render dramatic and often
prolonged impact on the society, in volume including on the economy, commercial and others contractual
ry. frustration — one from original institutions English rights, allowing court os-
free sides from further performance agreements at offensive such circumstances
when such execution becomes impossible or excessively economically disadvantageous.
appearance this legal Institute in England in second half XIX in. preceded dol-
gyi period, in flow whom legal practice relentlessly followed principle pacta sunt
serving . AT article are being investigated main judicial precedents, illustrating development doc-
trines frustrations agreements in English right, are given views English lawyers,
a also is being done attempt comparative analysis specified doctrine and relevant norms
Russian rights. methodological basis research constitute totality methods
scientific knowledge, among which basic place occupy historical and comparatively-great-
vovoy methods. AT flow century and a half stories his development doctrine futility dogo-
thief in English law significantly evolved. Behind this period deepened concept about
nature and types circumstances which may call futility contracts, about essence such in vain
sti, about necessary restrictions in application this doctrine, a also about legal consequences
frustrations. Should recognize what, being peculiar legal institute, frustration
agreements close on nature to so traditionally applied in countries European conti-
nental families civil law structures, as irresistible force (Force Majeure) and
simple happening, a also impossibility and extreme embarrassment performance obligations.
Author comes to conclusion about need study doctrine frustrations agreements not only in
academic purposes, but and for improvement relevant Russian legal norms,
practices them applications, ensure work domestic lawyers in sphere applications en-
Glian rights and rights countries, experienced influence given doctrine.
Key the words
contract, frustration contracts, execution contracts, impossibility performance, Force Majeure,
guilt, precedent.
bibliographic description: Chukreev A.A. Doctrine frustrations in English negotiable great-
ve // Right. Magazine Higher schools economy. 2017. No. 4. S. 188–201.
JEL: K120; UDC: 347.447
DOI: 10.17323/2072-8166.2017.4.188.201
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Work completed with using reference and search systems Consultant Plus.
188
A.A. Chukreev. Doctrine frustrations in English negotiable right. WITH. 188–201
Introduction
Decisive moment in designs negotiable responsibility on English
law traditionally is an absolute, unconditional character accepted must-
com contractual obligations , violation whom is the only thing base
responsibility, a guilt (or innocence ) faulty debtor not It has values.
Principle "absolute" negotiable responsibility was formulated courts "general
rights", and before second half XIX in. English right firmly adhered to regulations,
what subsequent impossibility not liberates debtor from responsibility and use-
opinions contracts 2 . More Togo, as before this, So and on this day, face, definitely accepted
on the myself obligation without any reservations those. taking on the myself all related risks , not
entitled demand release from responsibility, if violation such obligations
caused event outside control this faces; with another hand, sides always have WHO-
opportunity straight provide for in treaty those risks , behind which they not answer.
Formation exceptions from principle unconditional performance contractual
obligations ( pacta sunt servanda ) happened gradually through production precedent-
Comrade on affairs, in which was installed "frustration of contract" . This is specific
term, characteristic only for Anglo-American rights, which covers se-
today "all cases termination agreements due to subsequent events outside con-
troll any from sides" 3 . Here same costs add, what initial impossible
ness performance obligations , those. existing in moment, when obligation
must It was arise covered in English law others specific
legal institute — doctrine mistakes (at imprisonment contracts) 4 .
frustration agreements close on his nature to such applied co times
ancient Rome in countries European continental legal families, in volume including and in
Russia, civil law designs, as impossibility performance obligatory-
, _ a also to relatively new, established already in XX in. designs —
extreme difficulties performance obligations ( clausula rebus sic stantibus ) 5 .
essence in volume, what circumstances, in context which passes execution obligatory-
stva, may change a such change entail two type impact on the contract: they
may do his execution impossible or more burdensome .
To this costs add reminder about authority English rights and great-
judgment in everyone the world. Except Togo, in Russia many complicated foreign ele-
cop contracts, related with implementation large-scale investment projects, with
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