Changes in legislation and judicial interpretation of rules on the contract of adhesion

The article deals with the problems of legal regulation of contracts of adhesion and provides the analysis of changes in Article 428 of the Civil Code of the Russian Federation (CC of RF) in the draft CC of RF as amended. The author: examines the rules of the draft on the removal of restrictions imposed on the subjects of entrepreneurial activity using some special methods of the rights protection (changing, termination of contracts) when the contract of adhesion is concluded; considers the provisions of changes in the CC of RF about the time of legal consequences after the changing or termination of the contract of adhesion and the establishment of a general rule on their retroactivity. The author has some doubts about the practicability of applying the consequences of the termination of the contract of adhesion as soon as it has been concluded and proposes to consider such contracts invalid. The provisions of changes in the CC of RF are compared with the interpretation of the rules of Article 428 of the CC of RF as amended (was proposed by the Highest Arbitration Court of the Russian Federation in Item 2 of the Informational Letter № 147 dated 13.09.2011 and Item 9 of the Ruling of the Plenum of the Highest Arbitration Court of the Russian Federation №16 dated 14. 03.2014. It has been noted that the rules of draft changes of the CC of RF often coincide with the interpretation of current legislation. The author states that sometimes the explanations of the Highest Arbitration Court of the Russian Federation are essentially different from the proposed changes to Article 428 of the CC of RF, especially if they are connected with the ways for protecting the weak party to a contract. The author sets some prerequisites and estimates the effectiveness of the proposals of the Highest Arbitration Court of the Russian Federation to increase the number of ways for protecting the weak party to a contract. She agrees with the proposal of the Highest Arbitration Court to use the institution of the abuse of rights and invalidation as ways for protecting a weak party to the contract of adhesion. The author concludes that a proposal of the Highest Arbitration Court of the Russian Federation to increase the number of ways for protecting a weak party to the contract of adhesion corresponds to the public needs much more than the proposed changes in Article 428 of the draft Civil Code of the Russian Federation. Thus, it is necessary to improve the rules of the above Article.

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