TY - JOUR

T1 - Legal Nature and Enforcement of Settlement Agreements: Comparative Review

AU - Berlin, Artyom

N1 - Artyom Berlin, Legal Nature and Enforcement of Settlement Agreements: Comparative Review, 8(3) Russian Law Journal 116–140 (2020).

PY - 2020/8

Y1 - 2020/8

N2 - The article is devoted to two major issues: the substantive nature of settlement agreement,and legal remedies available for acreditor under compromise which interest is not satisfiedvoluntarily. Both issues are covered from comparative perspective employing Russianand the United States statutes, case law and doctrine. First, the paper demonstratesthat, while Russian doctrines has evolved a sui generis approach to substantial nature ofsettlement agreement, United States tend to consider it as special contractual type withconsideration granted specifically for termination of a legal dispute. Second, the articleanalyzes scope of res judicata effect invoked in course of Russian and U.S.-governedsettlement, as well as common points and differences in granting creditors with reliefin forms of specific performance and recovery of damages. Finally, the paper considersproblem of rescission as remedy for material breach of compromise. Author comes toconclusion on desirability of employing this type of claim into Russian legislation.

AB - The article is devoted to two major issues: the substantive nature of settlement agreement,and legal remedies available for acreditor under compromise which interest is not satisfiedvoluntarily. Both issues are covered from comparative perspective employing Russianand the United States statutes, case law and doctrine. First, the paper demonstratesthat, while Russian doctrines has evolved a sui generis approach to substantial nature ofsettlement agreement, United States tend to consider it as special contractual type withconsideration granted specifically for termination of a legal dispute. Second, the articleanalyzes scope of res judicata effect invoked in course of Russian and U.S.-governedsettlement, as well as common points and differences in granting creditors with reliefin forms of specific performance and recovery of damages. Finally, the paper considersproblem of rescission as remedy for material breach of compromise. Author comes toconclusion on desirability of employing this type of claim into Russian legislation.

KW - settlement agreement

KW - compromise

KW - enforceability

KW - damages

KW - specific performance

KW - rescission

M3 - Article

VL - 8

SP - 116

EP - 140

JO - Russian Law Journal

JF - Russian Law Journal

SN - 2309-8678

IS - 3

ER -