Evolution of Entrepreneurial Contracts Development: A Brief Historical Digression

Authors

  • Gayane Marukyan ASSOCIATE LECTURER PROFESSOR OF RUSSIAN-ARMENIAN (SLAVONIC) UNIVERSITY INSTITUTE OF POLITICAL SCIENCE AND LAW CHAIR OF CIVIL LAW AND CIVIL PROCEDURE LAW

Abstract

The scientific assumptions about this or that legal phenomenon are optimally based on the law or, at least, on bylaw normative material, which gives them a definite starting point for these or those conclusions. However, such a support is absent as related to entrepreneurial contracts: the term “entrepreneurial contract”, not to mention its definition, does not appear at all in the modern normal legal acts, and its predecessor, i.e. “economic contract”, is only occasionally present in the latter[1]. The situation is the same in the acts of the superior court instance.

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References

See: Subpoint. 16 of point 3 of Article 149 of the second part of the Tax Code of the Russian Federation; point 2 of article 59 of the RF Law of July 6, 1991 No. 1550-1 “On Local Self-Government in the Russian Federation” in edition of October 6, 2003 (given according to the Consultant Plus Reference Legal System); point 1 of the Decree of the RF President of February 16, 1992 No. 144 “On the Commercialization of the Activities of Consumer Cooperative Enterprises in the Russian Federation”, in edition of October 21, 2002 (“RossiyskayaGazeta”, No. 41, 20.02.1992); subpoint 17 of point 83 of the Charter of the Russian Railways Open Joint Stock Company, approved by the Decree of the Government of the Russian Federation of September 18, 2003 No. 585 (the RF Collected Legislation, 2003, No. 39, Article 3786), etc..

See: the Resolution of the Presidium of the Supreme Court of the Russian Federation of November 24, 1999 // Bulletin of the Supreme Court of the Russian Federation, No. 7,2000; the Resolution of the same body of June 28, 2000 No. 59pv-2000 (given according to the Consultant Plus Reference Legal System); appendix to the Information letter of the Supreme Arbitration Court of the Russian Federation of June 21, 1999 No. 42 “Review of the practice of consideration of disputes related to the collection of income tax” // Economy and Law. No. 9.1999; the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of August 10, 1999 .V “1863/99. L. Vestnik B of the AS RF. No. 11, 1999, etc.

See. Point 1 of article 420 of the Civil Code of the Russian Federation.

See Haykiants A.M. The development of private law in Armenia in the 15th-18th centuries // Journal of Russian law, M., 2007 (3), p. 107.

See. Chitty.On contracts, general editor H. G. BEALE. The 26th edition, Vol. 1, Sweeet&Maxwell, ThamsonRauters, 1989, p. 9.

See. Chitty on Contracts (Common Law Library) book by Joseph Chitty, Sweet & Maxwell, 1989, pp. 1-2.

See Marukyan G.S. The contract in the mechanism of regulation of business relations.Dissertation for the degree of candidate of legal sciences, Yerevan, 2010, p. 14.

See Civil Laws, Code of Laws of the Russian Federation, Volume 10, Part, 1911, see also Zankovsky S. S., “Entrepreneurial Contracts in Russia. Problems in the Legislation”. Dissertation for the degree of the doctor of the legal sciences, M, 2004, p. 17.

See: G.F. Shershenevich believed that the imagination on the Russian civil laws, as on a product of centuries-old national development is exaggerated, because a significant part of the civil legal material is borrowed from the French sample, sometimes just a translation, sometimes very unsuccessful. See: Shershenevich G.F. Indicated collection. p. 42. The influence of German civilistic thought cannot be denied either.

See: Shershenevich G.F. Manual of Russian civil law (published in 1907). M., 1995, p. 304 .

See. Article 40 of the RF Family Code

See: Shershenevich G.F. Indicated collection, p. 44. See also: Bashilov A.P. Russian commercial law. SPb. 1887, article У; Udintsev V.G. Russian commercial and industrial law. Kiev. 1907. p. 1-2; Kaminka A.I. Essays on commercial law.SPb. 1912. p. 1-2; Arkhipov I.V. Commercial law of Russia in the XIX century: the stages of modernization. // State and law. No. 2. 2004; Zholobova G.A. Change in the commercial legal capacity of physical persons in post-reform Russia at the end of Х1Х-beginning of XX centuries. // State and law. No. 5. 2004.

See: Civil Laws (Code of Laws, vol. X, part 1). St. Petersburg, 1911.

See ibid, pp. 498-583

See: Gavze F.I. Socialist civil-legal contract. M., ed. Legal. lit., 1963, p. 9.

See: Khalfina R.O. Right and Self-Supporting System. M., 1975, pp. 72-73.

See: Joffe O.S. Contracts in a socialist economy. Ed “Legal.Lit. ”, Chapter 1, M., 1964, p. 5

See: Braginsky M.I., General doctrine on economic contracts. Minsk, 1967, p. 20

See: Economic law. Manual //edited by Lapteva V.V. М., 1970, p. 140.

See ibid. p. 17, 22.

See Dozortsev A.V. Ind. Col, p. 86, 107.

See: Khalfina R.O. Law and self-supporting system, M., 1975, p. 72-73.

Approved by Decree of the Council of Ministers of the USSR of April 9, 1969 No. 269 (USSR, 1969, I, p. 64) 24 See: Braginsky M.I. General doctrine of economic contracts. Minsk, 1967, p. 52, 53. 25СП USSR, 1979, № 18, article 118.

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Published

2020-07-31

How to Cite

Marukyan, G. (2020). Evolution of Entrepreneurial Contracts Development: A Brief Historical Digression. International Journal For Research In Business, Management And Accounting, 6(2), 01–09. Retrieved from https://ijrbma.com/index.php/bma/article/view/1326

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Vol. 6 No. 2 (2020): International Journal For Research In Business, Management And Accounting (ISSN: 2455-6114)

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