3.4. National contracting in a global economy

What is role of national contract law in a global economy? Much is likely to depend on the various projects currently in existence which aims to produce either a national or an international law of contract. Now the economy of Russia Federation has incorporated in international markets. This process is reflected to the lawmaking. Russian Federation is ratified the CISG and make use of CISG two different ways. CISG plays the main role in international contract law and it plays complementary role in national contract law. There are some different between CICG and Russia Federation (RF) Civil Code .The main different we could see in some article of RF Civil Code. The art.162 point 3 RF Civil Code international contract make a deal only in writing form. The art. 506, art 455 point 3, art. 465 point 1 of RF Civil Code describes the main options of the contract. The art. 469 RF Civil Code describes the quality of goods. The art. 470, art. 471, art.477 points 3 and 5 RF Civil Code describes the warranty period and serviceable life. The art.485 point 3 RF Civil Code – to change the options of the contract. The RF Civil Code distinguishes the Letter of Credit (L/C) in international contract as another deal. If you have the international contract and L/C are the options of payment this contract, when RF Civil Code understands it as tow contracts, one L/C another usual contract. The RF Civil Code art.15, art.524-calculate the loss. The law in force of Russian Federation implicates priority of international law.

3.5. National contract low and human rights

Significant events of human recent history are adoption the Human Right Act 1998. Rights contained in the Convention will have on European private law. It has already begun to have an effect on the law of tort and low of contract. Act also has effect to the juridical relation between two private citizens or between an individual and a business. The “Convention rights” has relation to extend how Convention may be violated by contracts or by the rules of contract. The most obvious are perhaps Article 6 (which states that “ in the determination of civil right and obligation… everyone is entitled to far and public hearing within a reasonable time by an independent and impartial tribunal establish by law”), Article 14 (which stats that “ the enjoyment of the rights and freedom set forth of this Convection shall be secure without discrimination on any ground such as sex, race, color, language, religion, political or other options, national or social origin, association with a national minority, property, both or other status “). Article 1 of the First Protocol (which states that` every natural or legal person is entitled to the peaceful enjoyment of his possession. No one shall be deprived of his possession except in the public interest and subject to the conditions provided for by law and by the general principles of international law”).

The excellent example of the role of human rights law in the law of the contract is provided by the law relating to the regulation of illegal contracts. The law refuses to enforce a contract which is illegal or which is contrary to public policy and it also generally refuses to allow a party who has conferred a benefit on another party to an illegal contract to recover the value of the benefit conferred. The reason for this is generally that the court wish to deter partied from entering into illegal contracts.

But today, for Russian Federation is very important to use this Convention in lawmaking process, because only freedom individual and freedom initiative could help as to reconstruct the freedom economy and we suppose that is better way to straggle against corruption to organized freedom economic and freedom institute in our society.