RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of March 14, 2014 No. 16

About freedom of the agreement and its limits

Due to the questions arising in court practice and for the purpose of ensuring the uniform approaches to the dispute resolution following from agreements the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law of 28.04.1995 No. 1-FKZ "About Arbitration Courts in the Russian Federation" decides to give to Arbitration Courts (further - courts) the following explanations:

1. According to Item 2 of Article 1 and Article 421 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation) citizens and legal entities are free in establishment of the rights and obligations on the basis of the agreement and in determination of any terms of the contract which are not contradicting the legislation.

According to item 4 of article 421 Civil Code of the Russian Federation of the term of the contract are determined by discretion of the parties, except cases when content of the corresponding condition is offered the obligatory rules for the parties established by the law or other legal acts (peremptory rules) existing at the time of its conclusion (article 422 Civil Code of the Russian Federation). In cases when the term of the contract is provided by regulation which is applied so far as the agreement of the parties does not establish other (residuary rule), the parties can the agreement exclude its application or establish condition, excellent from provided in it. In the absence of such agreement the term of the contract is determined by the residuary rule.

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