The present course gives an overview of Bases of the Law of Obligations (Part II).
The course is directed to students of general educational institutions, Russian and foreign lawyers, heads of legal entities, financial directors, chief accountants,auditors, practicing in English, and to any person, interested in the Law of Obligations. The course goals and objectives: The main goal of the course is to provide students with fundamental knowledge of the basis of the Russian Law of Obligations Course objectives are: 1. To introduce students to analyzing and evaluating situations from a legal perspective, identifying the essential elements of the Russian contractual system. 2. To orient students towards distinguishing between different types of forms of obligations and the ability of the main subjects of law (individuals and legal entities) to incur and fulfill legal obligations. 3. To distinguish obligations and torts. Learning outcomes: By the end of this course students shall be able to: 1. Analyze and evaluate situations from a legal perspective 2. Identify the essential elements of a contract 3. Explain the six means of securing obligations – forfeit, pledge, retention, bank guarantee, surety and earnest money 4. Explain the consequences of a breach of contract 5. Identify main cases of termination of a contract 6. Explain how obligations in tort arise 7. Discuss the consequences of damage or loss in relation to non-contractual obligations Course requirements: Students shall get acknowledged with the following legal acts & literature: 1. Shashkova. Study Manual on the Bases of Russian Law. Cambridge Scholars Publishing. – 2015. 2. Shashkova. Comparative Civil Law, textbook. М: Nauka, 2019. — 219 p.ISBN 978-5-6042455-6-9 3. Shashkova. Practical Material оn Comparative Civil Law, practical material.М: Nauka, 2019. ISBN 978-5-6042455-7-6 4. The Constitution of the Russian Federation, dated 12 December 1993. http://www.constitution.ru/en/10003000-01.htm 5. The Civil Code of the Russian Federation, Part I No.51-FZ, dated 30 November 1994, Part II No.14-FZ, dated 26 January 1996 6. The Federal Law No.82-FZ “On Minimum Amount of Wages and Salaries”, dated 19 June 2000 Contents 1. Means of securing obligations a) Explain how the Civil Code enables obligations to be secured. b) Explain the six means of securing obligations – forfeit, pledge, retention, bank guarantee, surety and earnest money. 2. Breach of contract and consequences. Changes and termination of a contract c) Explain the meaning of breach of contract. d) Explain the consequences of a breach of contract. 3. Non-contractual obligations e) Define tort. f) Explain how obligations in tort arise. g) Explain the tests applied by the courts to establish whether a non-contractual obligation has arisen. h) Discuss the consequences of damage or loss in relation to non-contractual obligations.