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Dispositive transactions are those that directly affect subjective right by transferring,
encumbering or terminating it. The author upholds the idea that a special category of
transactions called dispositive transactions in German law (Verfügungsgeschäfte), is implicitly
inherent in the Russian law, which has much in common with the German law. Therefore,
it makes no sense to decide whether it is worth implementing dispositive transactions in the
Russian law because they already exist in it. Agreement on transfer of ownership of a thing,
assignment, agreement on transfer of exclusive rights, assignment of shares in LLC, transfer
order in respect of uncertificated securities, cancellation of a contract, forgiving the debt,
cancellation of ownership, statement of set-off, pledge agreement, termination agreement
and many other phenomena inherent in Russian private law meet the signs of dispositive
transactions. The consequences of such a doctrinal decision are of decisive importance for
distinguishing the category of dispositive transactions: 1) dispositive transactions may exist
in isolation from obligatory transactions, they have their own grounds of invalidity that are
not inherent in obligatory transactions, in particular, the principle nemo plus juris transferre
potest quam ipse habet works for them only; 2) a mandatory prerequisite for validity of
dispositive transactions is dispositive power, the absence or restriction of which may lead to
invalidity of the transaction; 3) a copyright holder may consent appearance of dispositive
П Р О Б Л Е М Ы Ч АСТ Н О ГО ( Г РА Ж Д А Н С КО ГО ) П РА ВА
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power in another person (for example, a commission agent); 4) restriction of dispositive
power by an obligatory transaction shall not be allowed by law; 5) the principle of freedom
of contract does not apply for dispositive transactions, but on the contrary, the principle
numerus clausus applies; 6) dispositive transactions are closely related to the objects of
civil rights: only that is the object, what can be disposed of; 7) general institutions of law of
obligations, for example, rules of a preliminary contract, of consequences of termination of
a contract, of a significant change in circumstances, and many others are often not applicable
to bilateral dispositive transactions.