CIVIL LAW PROVISIONS TO REGULATE INVESTMENT ACTIVITIES

Abstract

Purpose: The article analyzes the Russian Civil Code provisions from the point of view of their influence on legal regulation of investment activities.

Methods: the author uses methods of literal interpretation, teleological (target) interpretation of legal provisions, and general science methods of analysis, induction and deduction.

Results: It is noted that most major investment projects assume the following model of interaction between investors and recipients - the initial agreement of approximate terms of interaction and the conclusion of a bulk of civil contracts necessary for the project implementation at the second stage of cooperation. In this regard, special attention is paid to such civil law agreements as a preliminary agreement and a framework agreement. The institution of agreement to grant an option to conclude a contract, otherwise called an option to conclude a contract, as well as an option contract are designated from the position of a kind of “guarantee” of the investor’s and capital recipient’s rights.

The article concludes that the importance of the principle of protection of the “weak” party to the contract is increasing. At the same time, the concept of legislative regulation of relations between the parties to contracts, which are often used by both investors and recipients of capital investments, has undergone a significant change. In addition to that, the author emphasizes that “in favor of debtors” orientation of Russian legislation is gradually being corrected by creating numerous exceptions to protect creditors' rights. This decision is intended to comply with the principle of balancing economic interests of parties to legal relations.