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Title |
The mutuality as a determinant feature of mutual
obligation |
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Autors |
Ershov Igor Igorevich
a postgraduate of Moscow Academy of Finance and Law,
a lawyer of a law firm “Moiseev, Khalimon & Partners”
(Moscow). Bld. 17, Bol’shaja Cheremushkinskaja Str.,
Moscow, 113447. E-mail: igor-ersh@mail.ru |
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Section |
Civil law |
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Issue |
6/2012 |
Page |
105-109 |
index UDC |
347.41 |
index LBC |
Х404.2 |
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Abstract |
The author of the article analyzes the problem of
mutuality as a determinant feature of mutual
obligation, he considers the existing scientific
approaches and expresses his position on this issue.
Mutuality is a central cause of most contractual
obligations. There is a direct relationship between
obligation and interest as it is impossible to
realize the potential of the obligation and to
satisfy the interests without the obligation
performance. Mutuality depends on the volume of
powers and possibilities of individuals who are not
yet parties of a contract, but are at the stage of
conclusion of a contract or even at an earlier stage.
Persons, who intend to enter into a contract, can
determine how to implement the principle of
mutuality in the mutual obligation. Mutuality
determines each party of the obligation to obtain
both benefits and losses. |
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Keywords |
mutual obligation, mutuality of
obligation, contract, interest, the foundation of
mutual obligation. |
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