Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations

The paper considers one of the most important legal means increasing the efficiency of activity in a commercial organization, i.e., pretrial procedure for settlement of contractual disputes, which is beyond the scope of legal regulation. Data on the evolution of its legal-regulatory framework in pos...

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Main Author: A.N. Varlamova
Format: Article
Language:English
Published: Kazan Federal University 2017-04-01
Series:Ученые записки Казанского университета: Серия Гуманитарные науки
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Online Access:https://kpfu.ru/pretrial-procedure-for-settlement-of-contractual_306619.html
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author A.N. Varlamova
author_facet A.N. Varlamova
author_sort A.N. Varlamova
collection DOAJ
description The paper considers one of the most important legal means increasing the efficiency of activity in a commercial organization, i.e., pretrial procedure for settlement of contractual disputes, which is beyond the scope of legal regulation. Data on the evolution of its legal-regulatory framework in post-Soviet Russia have been provided. The regulatory potential and economic efficiency have been studied. The author is convinced that using pretrial procedure allows to settle disputes out of court and, thus, cut down costs of a commercial organization, as well as contributes to reducing tension without causing a complete termination of business relations. Practical problems of handling pretrial procedures in a company, its local and regulatory framework, and synchronization with claim and contractual activities of a corporate legal department have been discussed. It has been suggested to use a differentiated approach regarding the nature of the agreement and actual relations between the parties when constructing the contractual terms of pretrial procedure for dispute settlement. The article specifically covers the consequences of non-compliance with the pretrial procedure if such compliance is mandatory. It has been concluded that there is a direct relation between legal activity in a company and the sphere which is conditionally called legal management.
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institution Kabale University
issn 2541-7738
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language English
publishDate 2017-04-01
publisher Kazan Federal University
record_format Article
series Ученые записки Казанского университета: Серия Гуманитарные науки
spelling doaj-art-055018f35daa4606b2768041680996fb2025-01-03T01:17:15ZengKazan Federal UniversityУченые записки Казанского университета: Серия Гуманитарные науки2541-77382500-21712017-04-011592392400Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizationsA.N. Varlamova0Moscow State University, Moscow, 119991 RussiaThe paper considers one of the most important legal means increasing the efficiency of activity in a commercial organization, i.e., pretrial procedure for settlement of contractual disputes, which is beyond the scope of legal regulation. Data on the evolution of its legal-regulatory framework in post-Soviet Russia have been provided. The regulatory potential and economic efficiency have been studied. The author is convinced that using pretrial procedure allows to settle disputes out of court and, thus, cut down costs of a commercial organization, as well as contributes to reducing tension without causing a complete termination of business relations. Practical problems of handling pretrial procedures in a company, its local and regulatory framework, and synchronization with claim and contractual activities of a corporate legal department have been discussed. It has been suggested to use a differentiated approach regarding the nature of the agreement and actual relations between the parties when constructing the contractual terms of pretrial procedure for dispute settlement. The article specifically covers the consequences of non-compliance with the pretrial procedure if such compliance is mandatory. It has been concluded that there is a direct relation between legal activity in a company and the sphere which is conditionally called legal management.https://kpfu.ru/pretrial-procedure-for-settlement-of-contractual_306619.htmlpretrial procedure for dispute settlementlegal activitypretrial activityclaim settlementcontractual worklegal departmentcounterpartcontractual delinquency
spellingShingle A.N. Varlamova
Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations
Ученые записки Казанского университета: Серия Гуманитарные науки
pretrial procedure for dispute settlement
legal activity
pretrial activity
claim settlement
contractual work
legal department
counterpart
contractual delinquency
title Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations
title_full Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations
title_fullStr Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations
title_full_unstemmed Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations
title_short Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations
title_sort pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations
topic pretrial procedure for dispute settlement
legal activity
pretrial activity
claim settlement
contractual work
legal department
counterpart
contractual delinquency
url https://kpfu.ru/pretrial-procedure-for-settlement-of-contractual_306619.html
work_keys_str_mv AT anvarlamova pretrialprocedureforsettlementofcontractualdisputesinthecontextofgeneralissuesoflegalactivityincommercialorganizations