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already existing practice of their application. In this connection, option contractual structures may not in all their attributes fall under the general doctrinal definition of contractual structures as a whole.

Another objective, rather than the legal objectives of the previously mentioned contractual structures in the Civil Code of the Russian Federation, is pursued by business entities, entering into contractual relations using any option contractual structure. Indeed, the option contractual arrangement mediates the relations of the parties within the framework of one of the contracts referred to in Part Two of the Civil Code of the Russian Federation, or a mixed contract, which is determined at the discretion of the parties to the contractual relationship.

However, as shown in the above study (§§ 1.2 and 1.3) of such option contractual structures as an option to conclude a contract (Article 429.2 of the Civil Code of the Russian Federation) and an option agreement (Article 429.3 of the RF Civil Code), the parties, concluding a contract mediated by option contractual structure, do not aspire exclusively to the generation of commodity-money relations between them. On the example of the considered option contractual structures, it can be concluded that the legal objective of the parties when using any option contractual structure is the compensatory acquisition by one party of a contract of subjective right to require the debtor party to perform certain actions that are stipulated in advance by the agreement, which may be either property or nonproperty nature. At the same time, it is also achieved the economic goal of using option contractual structures for the parties to reduce the risks of changes in the value of the goods purchased, as well as saving money, given the possibility of selecting the moment of declaring the subjective right of claim within the framework of the execution of the option contractual structure.

The parties cannot assume whether the option right of contractual obligations is realized by the party to the contract. This right of claim is entirely subordinated exclusively to the economic and legal interests of the party that acquires it.

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The subject of any contract is an action or a set of actions that determine the type and nature of the conditions of the deal being entered, as well as its direction.

The direction of the contract as a systemic sign of its classification in the contract system is noted by Y.V. Romanets73. Revealing the sign of the orientation of the contract Y.V. Romanets notes that the orientation of the obligation, as a systemic feature, should be understood as the final economic and legal results to which the main actions of the parties to the contract are directed74.

It is also noted that the priority value of the orientation sign is expressed by the fact that it, by predetermining the most essential elements of the contract, is the essence of its content, allows us to work out a uniform (to some extent) basis for regulation for all legal relations characterized by the same orientation. As a consequence, all civil contracts can be classified on this basis75.

For example, in the contract of supply of goods the subject of the contract are the specific actions of the seller in the form of manufacturing and transferring to the buyer a predetermined amount of a certain product and, accordingly, counter actions of the buyer associated with the acceptance and payment of the delivered goods. The supply contract is aimed at the forfeit transfer of the goods to the buyer's property.

In an option contract for the supply of goods, the item is formed differently: the seller's obligation to supply the goods arises solely only if there is an appropriate buyer's requirement. That is, the subject of the option supply contract is aimed at giving the buyer the right to demand the fulfilment of the seller's obligation to deliver the goods. Terms of delivery, being an integral part of the content of the contract, relate to the definition of the volume of the subjective right

73 We also consider it necessary to agree with the opinion of Y.V. Romanets regarding the fact that the orientation of the obligation should be regarded as the main systematic factor. All other signs do only specify the regulation caused by the direction. Romanets Y.V. System of contracts in the civil law of Russia. 2nd edition. Moscow: Norma: INFA-M, 2013. P. 44.

74Romanets Y.V. Ibid. P. 101.

75Romanets Y.V. Ibid. P. 110.

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of the claim belonging to the buyer and its content, rather than to the classification of the subject of the contract.

From the moment the buyer claims the performance, that is, the seller's actions related to the delivery of products, the relations of the parties to the option contractual arrangement are governed by the RF Civil Code on the purchase and sale agreement and the supply contract. However, the subject of the option agreement is not changed, since at the time of the conclusion of the option contract the parties also agreed on the essential conditions for the delivery of the goods, that is, the supply contract is also concluded at the time of the conclusion of the option agreement.

Despite the fact that both the seller and the buyer proceeded to fulfil the main obligation of the option contract – the delivery of the goods, such delivery is not the result of the conclusion of an option supply agreement but is the result of the realization of the property right of the buyer's demand for delivery of the goods.

Similarly, the focus of the subject matter of the option to conclude a contract is also considered.

For example, the subject of the preliminary contract is the mutual obligation of its parties to conclude the main contract in the future on pre-determined conditions. Concluding the preliminary agreement, the parties assume the emergence in the future of new contractual relations, the creation of which at the time of the conclusion of the preliminary contract prevented any objective or subjective reasons. The parties understand that irrespective of changes in the economic interests of one of the parties, the main contract will be concluded after the expiration of the period established by the preliminary contract and executed. Under the preliminary agreement, the parties do not acquire any property rights in relation to each other. They only generate a voluntary mutual commitment to be bound by the will of a basic contract in the future. That is, the preliminary agreement is aimed at forming a sign of compulsion to conclude a basic contract.

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The subject of an option to conclude a contract is the formation and acquisition of one of the parties to the subjective right to require the other party to conclude the main contract in the future on pre-determined terms. In this case, the obliging party acquires, under the deal, the subjective right to require the conclusion of a basic contract, which it pays. Essential conditions of the main contract to be concluded are not considered as a classifying factor, but only as a way of determining the content of the right to claim a contract.

Based on the study of the direction of the items of the option contract and the option to conclude the contract, it can be concluded that the subject of the option as a contract is not the set of mutual obligations of the parties within the contract, mediated by the option, but independent relations, the purpose of which is the acquisition of one of the parties to the subjective right the other side. At the same time, the scope of the other party's responsibilities is not a classifying factor, but merely a condition for determining the content of the right of claim.

We believe that the subject matter of any contract mediated by the option contractual structure loses its independence and as the main obligation characterizes the content of the subjective right acquired by one of the parties to require execution of those actions that are determined by the option.

Thus, the option as a whole, although it is a contractual structure, but unlike other contractual structures, has its own dual subject that covers both the relations of the parties within the option and in the dynamics the further relations of the parties that may arise when the eligible party requests the performance. In the dynamics of the implementation of contractual relations, the subject of any option contractual arrangement that mediates a particular contract absorbs the subject matter of this contract, which in turn becomes an integral part of the object of the option aimed at determining the content of the requirement for the implementation of an indirect contract arising from the option of subjective law.

With the use of option contractual structures, the phenomenon, in our opinion, is significant in the relations between the parties of such a contractual

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structure of the subjective right of one of the parties to demand fulfilment of the actions determined in advance by the terms of the contract and the mechanism for its implementation76.

However, such a feature is inherent in other contractual structures, in particular a subscriber's agreement, or an option obligation77. Therefore, to assign a contractual structure to a contractual option institute, it is also necessary to consider the set of its essential conditions.

General conditions for the option to conclude a contract and an options agreement will be the terms of the subject of execution, the condition of the deadline and the procedure for the application of the demand for performance, the condition for compensation.

Both option contractual structures have a similar list of essential conditions. This circumstance confirms that option contractual arrangements mediate similar attitudes of the parties, which in turn have a single economic goal – to create such a relationship in which the emergence, change or termination of rights and obligations would entirely depend on the will of one of its parties and be subordinated only to its economic interests.

Differences between the two option contractual arrangements exist only in the objective composition – the option to conclude a contract as its ultimate goal

76The subjective right of a claim may be present in one of the parties and in other contracts. In particular, in the supply contract, the buyer may be entitled to choose an assortment of named goods. Essential is the difference in the mechanism of implementation of the subjective contractual right to choose the buyer from the mechanism of implementation of the subjective right of the demand by the obliging party in the option contractual structure. The buyer in the contract of supply of goods is obliged to realize his subjective right to choose the assortment of goods, otherwise by his inaction he will damage the property interests of the supplier, whose goal when concluding the supply contract is the speedy sale of goods on a reimbursable basis. In such a case, the supplier, in the absence of a buyer's choice regarding the assortment of the goods, has the right to make such a choice or demand compensation from the buyer for the losses incurred. The subjective right to choose the buyer does not affect the conclusion and further implementation of the contract. This right only affects the definition of one of the contractual terms – the conditions for the assortment of the goods. The subjective right of a binding party request arising within the framework of any option contractual structure is significantly different from the contractual right of choice belonging to one of the parties. Within the framework of an option contractual structure, the subjective right of the claim, which belongs to the obliging party, is indeed a right that the obliging party can exercise at its discretion. In spite of the fact that the refusal to implement impedes the development of further contractual relations, the refusal to declare such a claim cannot be considered an abuse of the law by the obliging party, but is only one way to realize the right of claim belonging to the obliging party within the framework of the option contractual structure.

77The difference between option contractual structures from an alternative or an option obligation, as well as from a framework agreement, is given in § 1.5 of the thesis study.

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generates the conclusion of another contract, and the option agreement with its ultimate goal contains the actual performance of the obligation. But both option contractual structures contain a single economic goal – a reward for one of the parties to choose the further development of contractual relations depending on its subjective interests. The subjective interest of the other party consists, first of all, in the performance of the basic obligation mediated by the option contractual structure. It is through the implementation of contractual relations that the maximum economic effect for the obligated party is achieved in full. However, considering that the obliging party at the time of concluding the contract mediated by the option contractual structure cannot determine whether the full implementation of the contractual relations is in the economic interests of the obliging party, at the time of concluding the contract mediated by the option contractual structure, for the obligated party, remuneration for the subjective right granted to the obliging party to demand fulfilment of the main obligation and the assumption by the obliged party of the obligation at the request of the obliging party to perform the performance in a predetermined amount. The form and method of payment for such remuneration is of no legal value. As a form of remuneration, both monetary funds and the obligation of the obliging party to perform certain actions in favour of the obligated party, as well as the achievement by the party of another economic goal when concluding a contract mediated by an option contractual arrangement, may act as a form of remuneration.

As an order of payment, an increase in the value of a commodity may be made for the amount of option compensation, payment of an option fee separately for a statement by the obliging party of the relevant demand or receipt by the obliging party of the result of the counter performance of obligations by the obliging party, or achievement of another interest protected by law, for which the contract, contractual structure. Legally significant is the existence of an economic interest of both parties, which is always present in contractual relations between business entities.

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The economic source of the conclusion between the subjects of entrepreneurship of the option contractual structure is an option remuneration, that is, the possibility of compensating one of the parties to the contract with the right to demand the performance of predefined actions and the possibility of obtaining performance under predefined conditions, including at a predetermined price, regardless of the current situation corresponding commodity market. Option compensation is in the interest of the obligated party. The receipt of the remuneration is justified by the stability of the exercise price, which is valid during the period of the option contractual structure. Fixed for the duration of the option contractual structure conditions for the performance of the obligation are in the interests of the obliging party. Thus, considering the economic root cause of the conclusion of an option contractual structure, it is possible to identify the existence of an economic interest of both parties, both obliging and the party assuming predetermined obligations.

A distinctive feature of contracts with the use of option contractual structures from other contracts named in the Civil Code of the Russian Federation is that the obligations of one of the parties arise only when there is a corresponding claimed requirement, and no obligation corresponds to the right of the other party to declare such a requirement.

All this makes it possible to consider an option to conclude a contract and an option agreement by various sub-institutions of one common contractual institution – an option. This in turn predetermines the need to fix the legal definition of the option in the Civil Code of the Russian Federation as a whole, as the basic initial concept, so that it will be taken as a basic initial concept, which would be taken into account when applying the rules on individual types of options provided for in Art. 429.2 and art. 429.3 Civil Code, as well as in those types of options that are not provided for in the Civil Code.

Proceeding from the general list of the essential conditions contained in the option contractual structures mentioned in the Civil Code of the Russian Federation,

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it can be concluded that the set of material conditions for the option as a whole will be the terms of the subject matter, the terms of the deadline and the order of claim, right of claim.

Consequently, the contractual institution of the option may include a contractual structure that is aimed at the emergence and transfer on a reimbursable basis to one party of the subjective urgent right to change, at its discretion, the existing contractual relations in a pre-agreed volume or the generation of new contractual relations on pre-determined terms. At the same time, the very nature of the changes is not essential: the commission of active actions or the abstention from committing actions stipulated by the contract. The presence of a set of the above characteristics allows us to refer the contractual structure to the contractual institution of the option.

The problem of classifying the place of the option contractual structure in the system of civil law contracts is not only in the correctness of the determination of the aggregate of individual characteristics characterized by significant conditions and direction, but also in the fact that the option contractual arrangement mediates real commodity relations.

To regulate the relations of the parties arising in the framework of option contractual structures, not only the rules governing the relations within the option are applied, but also the norms that apply to commodity relations mediated by the option contractual structure.

The application of legislative norms to commodity relations mediated by option contractual structure is possible only from the moment of their appearance, that is, from the moment when the obliging party has exercised its subjective right and has declared a demand for the performance of those actions that constitute the content of its acquired subjective law. Norms of legislation governing the relations of the parties within the framework of the option contractual structure will always be applied from the moment the option is concluded. The conclusion between the parties of any option contractual arrangement that mediates other contractual

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relations implies a compensated acquisition by one of the parties of a subjective property or non-property right to demand a change in contractual relations in such a way that they most effectively correspond to the economic interests of the party that acquired such a right. The emergence of commodity-money contractual relations between the parties within the framework of the option contractual arrangement is secondary, such relations arise as a result of the parties' realization of their rights and obligations that constitute the subject of the option contractual structure only after the will of one of the parties to continue the contractual relations mediated by the option contractual structure78.

The definition of the rules of legal regulation further proves that the option as a whole, as well as the contractual structures created using the option element, constitute a single contractual institution in which a number of substitutes can be identified based on the direction and legal purpose.

Summarizing the examination of the option as a whole for determining its place in the system of civil law contracts, it can be concluded that the option institution can include only contractual structures that cannot in turn exist independently in isolation from contracts mediating goods -monetary relations. At the same time, unlike other contractual structures, option contractual structures have their own subject, which absorbs the subject of another contract mediated by the option contractual structure.

The orientation of the object of any option contractual structure is not to redistribute material goods on a paid or gratuitous basis, which is inherent mainly

78 This conclusion does not mean that the contract, mediated by the option contractual structure, is considered concluded only after the obliging party makes a claim to the obliged party to execute. This can only be the case if the very right to conclude a basic contract is directly the subject of an option call. In other cases, entering into the relations within the framework of the option contractual structure, the parties reach an agreement not only under all the essential conditions of the option contractual structure, but also under all the essential conditions of the contract mediated by the option contractual structure, the subject of which constitutes the subject of the basic obligation in the option contractual structure. Thus, along with the option contractual structure, the main contract is concluded between the parties, mediated as the main obligation in the option contractual structure. Similarly, the relations of the parties are considered when concluding the main contract, in which only part of the contractual structure is subordinated (for example, the supply contract with the option to increase the volume of the delivered goods). The subjective right to demand fulfilment of an obligation only in a predetermined part, but the contract is concluded with respect to the entire scope of obligations, including those relating to obligations mediated by the option contractual structure.