MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us The same position is noted by the legislation of many other countries, in particular, in Bulgaria,
the Law "On Contracts and Obligations" adopted in 1950 can be cited as an example
2
.
In the section of the Civil Code of the Czech Republic No. 89/2012 on general provisions on
contractual legal relations, the methods of securing contracts and the consequences arising from
their non-fulfillment are defined
3
.
In the Austrian Civil Code, the provisions on contracts are regulated in the twenty-sixth section
"On service contracts". In this section, general provisions on contracts are provided
4
.
From a legal point of view, contracts in all countries belonging to the Romano-Germanic legal
family are divided into consensual and synallagmatic contracts
5
. According to the legislation of
the Republic of Uzbekistan, contracts are divided into one-sided and two-sided, paid and free,
and real and consensual types
6
.
A consensual contract is a contract in which the agreements of the parties are sufficient, and
rights and obligations are formed after reaching an agreement on the entire conglomerate of
conditions.
The terms "reciprocity" or "synallagmatic" are used in relation to the "unilateral" and "bilateral"
constructions of the contract, emphasizing that contractual relations depend on the distribution of
rights and obligations between the parties.
Analyzing the normative legal documents of the civil law of the continental law countries allows
to note that in many countries belonging to this family there are specific forms of various
contracts and its compensatory nature is generalized.
In the countries of the Romano-Germanic legal system, the legal consequences arising from the
violation of the terms of the contract are not limited to measures of contractual liability. It is used
in a broader sense, in addition to compensation and compensation for damages, including, in
particular, suspension of the contract, non-performance by the creditor of the services specified
in the contract, reduction or increase of prices by the creditor in connection with the non-
performance of contractual obligations by the debtor, and annual interest is unique in that it
provides rights to the creditor, such as free assignment of accounts.
Unlike the Romano-German legal system, in the Anglo-Saxon system, the issue of contractual
liability is broader and is not limited to the compensation of damages caused by the contract or
the application of a penalty, but also the violation of the contractual obligation and the use of
legal remedies in this regard. it is emphasized that the possibility should also be taken into
account.
It is reflected in the United Nations Vienna Convention on the International Sale of Goods
7
, the
UNIDRUA principles of international commercial contracts
8
, as well as the European contract
law principles .
9
2
Law of Bulgaria "Ob obyazatelstvax i dogovorax v Bulgaria" ot 1950 g. II [Electronic resource]. The
regime is available at : www.gsi.bg/print/print_st/1535/ ( date of application : 28.04.2021 ).
3
Zakharkiv O.V. Dogovor podryada v zarubejnyx stranax // Otechestvennaya jurisprudence. – 2017. -
No. 7. – P.24-27.
4
General Civil Code Austria 1811 Allgemeines Burgleches Gesetzbuch / per. s wet. Maslov S. S. - M.:
Infotropic Media, 2011. – P.37.
5
Braginsky M.I., Vitryansky V.V. Dogovornoe pravo: Obshchie pologeniya (po izd. 1997 g.). - M., 2017.
– 847 p.
6
https://sinref.ru/000_uchebniki/04000pravo_uzbekistan/009_asbuka_fermera_zakon_o_selskom_hozaist
ve_2011/012.htm
7
https://lex.uz/docs/2634626
8
https://nrm.uz/contentf?doc=50687_principy_mejdunarodnyh_kommercheskih_dogovorov_(principy_un
idrua)_(1994_g_)&products=1_vse_zakonodatelstvo_uzbekistana