ON THE CLASSIFICATION OF RISK CONTRACTS AS SPECIAL CIVIL LAW STRUCTURES

Abstract

The development of market relations is accompanied by an increase in the needs of participants in civil law relations for contractual forms that ensure the redistribution of risks. At the same time, the established list of legally enforceable contractual forms containing elements of a risk nature seems to be very flexible and does not meet the requirements of civil turnover. The main trend of reforming Russian civil legislation is the complication of both the system of risk contracts and their legal structure itself, in particular, new civil law constructions of risk contracts have emerged (a contract for compensation of losses, an option contract). These circumstances make it necessary to systematize them, to identify the features inherent in certain types of risk contracts. Purpose: comprehensive analysis and identification of signs of special civil law constructions of risk contracts, as well as the author's classification of risk contracts. Methods: general scientific and special research methods are used such as dialectical, comparative legal, formal logical, system analysis and synthesis. Results: the study helps to identify the multiplicity of classification criteria that can be reduced to two groups of grounds: general and special, on the basis of which special civil law constructions of risk contracts are distinguished.

Keywords

• civil law construction
• classification
• risk
• risk contract
• insurance contract
• rent contract
• compensation of losses
• option contract
• model of risk contracts