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Title of Article

SUPPLIER’S REFUSAL TO FULFILL A DEALERSHIP AGREEMENT IN THE LIGHT OF EX POST CONTROL


Issue
2
Date
2019

Article type
scientific article
UDC
347.441.42
Pages
128-132
Keywords
 


Authors
Sosipatrova N.E.
Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo


Abstract
The article examines one of the standard provisions of a dealership agreement - non-motivated unilateral refusal by the supplier to perform its obligations. This provision is consistent with paragraph 2 of Art. 310 of the Civil Code of the Russian Federation. However, when incorporated in the agreement, it is often challenged by the dealer based on Articles 10 and 428 of the Civil Code of the Russian Federation. Considering the law enforcement practice in this category of disputes, the author draws attention to the ambiguous approach of the courts when resolving them. Commenting on the courts decisions, the author makes the following conclusion: due to the fact that dealership agreements are essentially b2b contracts, the parties have equal negotiating opportunities and act based on the free will principle, therefore, paternalism in respect to the dealer within ex post control would lead to a breach of the freedom of contract principle.

File (in Russian)