PRELIMINARY CONTRACT IN THE CIVIL LAW OF RUSSIA

The scientific article is aimed at studying the legal nature and signs of a preliminary contract. It is established that the scope of application of the preliminary contract is broader than that stipulated by civil law. We determined the legal regime of the preliminary contract. We analyzed the concept of a preliminary contract in Russian law and civil science. We disclosed the signs of the preliminary contract, and differentiated the preliminary contract from other civil contracts, such as: option contract, offer, contract of intent and framework contract. The authors conclude that the preliminary contract is independent in the system of civil law contracts. We considered the functions of the preliminary contract. We found some problems of applying the preliminary contract design in practice. An attempt to substantiate the essence and legal nature of contractual relations can be useful as one of the directions for improving Russian legislation and civilistic doctrine in the field of contract law. The theoretical provisions formulated in the article can be used in law enforcement practice, generalization of judicial practice, as well as in training courses "Civil Law" and "Contract Law".