Moskvina, A.V. Some specific features of contents of the international leasing contract

Abstract: This article concerns the problems of lawfulness of the provision of the legal construction of the foreign contract law, which have no analogues in the Russian law (such as potestative and mixed conditions, option, guarantees, assurances, pre-evaluated losses), as means of protection of rights from violations in the trans-border leasing contracts. The article includes analysis of the difficulties, which the Russian courts have, when dealing with the cases concerning violations of non-typical conditions of the trans-border leasing contracts, the author provides the means for overcoming the difficulties and gaps in legal regulation of theses provision, she studies the influence of foreign contractual clauses on the Russian civil law. The conclusions of the author are based upon the novel provisions of the Civil Code of the Russian Federation, as provided for the in the draft Federal Law «On Amendments to the Parts 1,2,3,4 of the Civil Code of the Russian Federation», judicial practice and foreign law.

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