ЭСТОППЕЛЬ В ОТЕЧЕСТВЕННОМ ГРАЖДАНСКОМ ПРАВЕ

Вопросы российского и международного права. 2021. Т. 11. № 6А. С. 36–43.

Крохин Р. И.

The article aims to identify the place of estoppel in Russian civil law, paying special attention to the provisions of the Civil Code of the Russian Federation. The author of the article uses law enforcement practice to prove that freedom of contract cannot automatically guarantee or maintain the stability and balance of contractual relations as a whole. Such freedom is not ideal and is not free from dysfunctions derived from the contradictory behavior of subjects, which is not always rational. In the economy, when entering into contractual relations, subjects pursue their own interests, striving for greater benefits, sometimes without taking into account or trying to ignore the interests of the counterparty. The article points out that modern contract law in theory, guided, among other things, by general ideas about social justice, tends to a certain contractual justice. This is evidenced by the existence of various legal guarantees and the institution of protection of the weak party to a contract. Having considered the place of estoppel in Russian civil law and carried out an analysis of its functions, estoppel is necessary to prevent a party that behaves inconsistently and to the detriment of the other party from gaining some advantage and benefit.

Keywords: договор, гражданское право, эстоппель