Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation “On freedom of contract and its limits”
Legal Update No. 459, 28 April 2014
Goltsblat BLP advises that Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 16 dated 14 March 2014 “On freedom of contract and its limits” (the Resolution) has been published.
The Resolution contains useful practical clarifications and stresses repeatedly that the role of the court consists not just in mechanically applying the rules. The court should take into consideration the spirit, not just the letter, of the rule and explain its decisions.
The Resolution refers to
the imperative/non-imperative nature of the rules;
application of general conditions;
classification and consequences of clearly onerous provisions in a contract;
interpretation of a contract depending on which party drafted it.
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