A.A. Chukreev

The Doctrine of Frustration in English Contract Law

2017. No. 4. P. 188–201 [issue contents]
Mankind has faced in the past and will inevitably face in the future with the powerful forces of naturaland man-made, which are often dramatic and lasting impact on the society, economy, commercialand other contracts. Frustration — one of the original institutions of English law, which allows thecourt to release the parties from further performance of the contract upon the occurrence of certaincircumstances, when the performance becomes impossible or extremely economically unprofitable.The emergence of this institution in the second half of the 19th century preceded by a long periodduring which legal practice consistently followed the principle of pacta sunt servanda. The articleconsiders the basic judicial precedents illustrating the development of the doctrine of contractfrustration in English law, sets out the views of English jurists in this field, an comparative analysis ofthis doctrine and relevant norms of Russian law was attempted. The methodological framework ofthis research based on a set of methods of research cognition, among which the main ones arehistorical and comparative law methods. For a century and a half of its development the English lawdoctrine of frustration of contract has evolved significantly. During this period understanding of thenature and types of circumstances that can cause frustration of the contract, of the essence of thefrustration, of the necessary restrictions on the use of this doctrine, as well as the legal consequencesof frustration, has been improved. The author comes to a conclusion about the need to study thedoctrine of frustration of contract not only in academic purposes, but also for the improvement of therelevant Russian legal norms, their application, as well as to ensure the operation of national lawyersin the sphere of application of the English law and law of countries that have experienced the impactof this doctrine.
Citation: Chukreev A. (2017) Doktrina frustratsii v angliyskom dogovornom prave [The Doctrine of Frustration in English Contract Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 188-201 (in Russian)
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