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The Principle of Estoppel in Russian Contract Law

PDF - for LibraryEstoppel is a legal principle in common law jurisdictions preventing a party from making assertions or from bringing a particular claim where this would be inconsistent with her previous conduct or statements. This principle has been adopted in the recent reform of the Civil Code of the Russian Federation, and it has been introduced in Russian contract law. In her article “Estoppel in Russian Law”, Dr. habil. Eugenia Kurzynsky-Singer examines how Russian case law has dealt with this legal transplant.

The conceptual foundations of Russian private law, which numbers among the continental legal systems, are fundamentally different from the foundations of common law jurisdictions. As a general rule, this significantly complicates the reception of Anglo-American legal institutions.

Nevertheless, it would appear that Russian case law, at least to a certain degree, follows a logic that resembles the English doctrine of estoppel. As described by Eugenia Kurzynsky-Singer, the Russian courts are developing a value-oriented understanding of estoppel and are applying the principle even beyond the relevant provisions of the civil code.

German-Russian Law Review (DRRZ), Vol. 3, No. 2, November 2018, Forthcoming 

The article can be accessed at SSRN

Dr. habil. Eugenia Kurzynsky-Singer has since 1 March 2007 been the project leader of the regional unit “Russia and other CIS Nations” at the Max Planck Institute for Comparative and International Private Law. The unit focuses on those countries that have emerged from the former realm of the Soviet Union, addressing not only the transformation of their civil law regimes but also fostering a legal dialogue with them.

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