Gift Agreement: Topical Problems of Legal Regulation

S. Rybak, E. A. Rybalka
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Abstract

Introduction. The theoretical and practical importance of the contractual legal relationships, the specifics of their legal regulation in the present-day conditions imply a contract to be a driver of the dynamic processes of commodity exchange. Therefore, due to involvement of the increasing number of objects into the civil circulation and fostering freedom of competition, the role of a contract is also growing. At the same time, in recent times the special attention in the national Civil Law is being paid to creation of the legal construct ensuring development of the gratuitous relationships. In this regard, a gratuitous contract category and, in particular, a gift agreement category are of considerable interest. One of the objectives of today’s Civil Law is creation of the legal construct ensuring development of the above-mentioned gratuitous relationships. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the RF), although traditionally stipulating the certain types of gratuitous contracts, still leaves unsolved a number of issues: systematisation of gratuitous obligations, type composition, socially beneficial goals, etc. In the current legislation, the legal constructs of technical and humanitarian aid contracts are stipulated in the ambiguous way. The relationships comprising the element of gratuitousness related to charity, donation, patronage, grants, etc. need a clear legislative regulation. Meanwhile, the legal regulation of the gratuitous contacts in the current economic situation falls considerably behind the present day demands. Therefore, understanding the essence and legal nature of a gift agreement and its place in the present-day Civil Law of Russia is of particular interest. The aim of this study is to identify the most topical problems of the gift agreement legal regulation in the national legislation and difficulties in application practices thereof.Materials and Methods. The legal regulation designated for drawing up the gratuitous contracts was analysed, whereas the gift agreements among them were of particular interest. During the research, a combination of general and specific scientific methods of cognizing the legal reality were applied. The methods of analysis and synthesis, comparative legal analysis, as well as the dialectical method were used for writing the article, which made it possible to ensure the comprehensive study of the material under analysis, internal integrity of the study, as well as credibility and consistency of the research provisions.Results. It has been proved that the institution of gift-giving is in a state of constant legislative improvement. That is why, a number of provisions have been elaborated to foster the development of this institution in the national legislation.Discussion and Conclusions. The problems of the gift agreement legal regulation have been identified, including the law enforcement errors, which occupy a special place in the national judicial practices. All of the above-mentioned does not merely make the topic of the present study relevant, but also determines the main trends for improvement of the current Russian legislation referring to the gift agreement regulation.
赠与协议:法律规制的局部问题
介绍。契约法律关系的理论和实践重要性,以及它们在当今条件下的法律规定的特殊性,意味着契约是商品交换动态过程的驱动因素。因此,由于越来越多的物品进入民事流通和促进竞争自由,合同的作用也越来越大。与此同时,近年来我国民法特别注重建立保障无偿关系发展的法律体系。在这方面,无偿合同类别,特别是赠与协议类别是相当令人感兴趣的。构建保障上述无偿关系发展的法律体系是当前民法改革的目标之一。俄罗斯联邦民法典(以下简称俄罗斯联邦民法典)虽然传统上规定了某些类型的无偿合同,但仍然没有解决一些问题:无偿义务的系统化、类型构成、有利于社会的目标等。在现行立法中,技术援助合同和人道主义援助合同的法律结构规定比较模糊。包括与慈善、捐赠、赞助、赠与等有关的无偿要素的关系需要明确的立法规定。与此同时,在当前经济形势下,对无偿接触的法律规制也远远落后于时代的要求。因此,了解赠与协议的本质和法律性质及其在当今俄罗斯民法中的地位是特别有趣的。本研究的目的是找出赠与协议法律规制在国家立法中最热门的问题及其在适用实践中的难点。材料与方法。对指定用于起草无偿合同的法律条例进行了分析,其中的赠与协议特别令人感兴趣。在研究过程中,运用了认识法律现实的一般与具体相结合的科学方法。本文采用了分析综合、比较法分析、辨证法等方法,既保证了对所分析材料的全面研究,又保证了研究的内在完整性,同时也保证了研究条款的可信度和研究结果的一致性。事实证明,我国的送礼制度处于不断完善的立法状态。因此,在国家立法中制定了若干条款以促进这一机构的发展。讨论和结论。礼品协议法律规制中存在的问题,包括执法失误,在国家司法实践中占有特殊的地位。以上所述不仅使本文的研究课题具有相关性,也决定了当前俄罗斯立法参照赠与协议规定进行完善的主要趋势。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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