Legal qualification of cross-border contractual obligations

Abstract

Relevance. In recent years, new contractual relations with a complex legal nature have emerged. When such agreements are entered into at the international level, the issue of their interpretation and qualification becomes relevant, from determining the applicable law to the correct application and interpretation of conflict of laws. In Russian law enforcement practice, there have been a significant number of controversial and ambiguous issues that require reflection and adjustment of existing legal norms and additions to the acts of interpretation by the Supreme Court of the Russian Federation. The purpose is to specify the scientific positions on the qualification and interpretation of cross-border contractual obligations in the law enforcement practice of the Russian Federation. Objectives of the study: to reveal the sequence of legal qualification of foreign economic contractual obligations, including the application of conflict of laws; to identify and explain the nature of ambiguous issues and problems that arise during this process; and to argue the need to change domestic legal norms based on the analysis conducted. Methodology. The study uses formal legal, comparative legal, historical legal, and legal interpretation methods. Results. The need to amend Article 1187, paragraph 2, and Article 1211, paragraph 2, of the Civil Code of the Russian Federation, as well as to specify the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2019, No. 24 "On the Application of International Private Law by the Courts of the Russian Federation," has been substantiated. Conclusion. The process of interpreting and qualifying cross-border contractual relations, in the absence of a reference to the applicable law in its content, includes several sequential logical stages, such as (1) preliminary qualification; (2) primary qualification; and (3) secondary qualification or resolution of the disputed legal relationship on the merits.