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Some problems of the preliminary contract and its security functions, as well as guarantees and risks of the making a transaction


We consider the historical aspect of the preliminary contract. The main positions of possibility of providing with a deposit of performance of obligations are defined. The most well-known points of view on the problems of providing the deposit of the preliminary contract are shown. Noted other problems at the conclusion of the transaction. The issue of the form of the contract is touched upon. The analysis of some motives of the conclusion of the preliminary contract is given. In the course of consideration of the problem in theory and in practice, it becomes obvious that this issue requires further consideration and possibly a number of amendments to civil law.


preliminary contract; deposit; real estate turnover; legal relations; court; legislation; Civil Code of the Russian Federation

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Section of issue

Juridical sciences

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