• Радик Рашитович Лугманов
The distinction between information duties is of great scientific and practical importance. The application of a particular legal regime depends directly on the criterion for segregating obligations. However, the specific nature of informational duties means that a chronological division of duties may not produce the correct results. As a consequence, the author proposes rejecting a mechanical division of obligations according to when they arise in favour of a functional one. This division, which takes into account the purpose of the obligation to which it refers, means that the choice of the legal regime governing information duties will not be accidental. Regardless of when the obligation arises or how the obligation is objectified, the regulation will be the same. The objective of securing the free and uncorrupted consent of the counterparty leads to an extra-contractual regime of liability for failure to achieve it. The purpose of enforcing the contract, the achievement of the purpose for which the parties entered into the contract, leads to the application of the contractual regime, even if such an obligation was discovered before the conclusion of the underlying contract.
Translated title of the contributionFUNCTIONAL CRITERION FOR DELIMITING INFORMATION CIVIL OBLIGATIONS
Original languageRussian
Pages (from-to)43-48
JournalЗакон и Власть
Issue number1
StatePublished - Jan 2021

    Research areas

  • duty to inform, auxiliary duties, pre-contractual responsibility, functional criterion, contractual responsibility

ID: 77092845