Correlation of notions: framework contract and mass scale contract

In the introduction the author stresses the timeliness of the topic and formulates the purposes of the present article: to examine the notions of a framework contract and mass scale contract, to determine their correlation, to study their common features and find their essential differences. The examination of notions of a framework contract and mass scale contract starts with the analysis of the term "special contractual constructions". No uniform understanding of the term has been formed in civil law yet. The author shares the opinion of V.V.Vitryansky that the hallmarks of special contractual constructions comprise a special set of their characteristics and the possibility to apply them when the relations in all contract types (kinds) have been established. A special contractual construction "a framework contract" was set forth in Article 429.1 of the Civil Code of the Russian Federation (CC of RF) since the adoption of the Federal law № 42 "On introduction of changes to Part I of the CC of RF" dated 08.03.2015. The notion "a contract with open terms" was set forth in Paragraph 1, Article 2.14 of the Principles of International Commercial Contracts, Paragraph 2-305 of the US Uniform Commercial Code, Article 8 of the English Sales of Goods Act 1979. Thus, the notion "a framework contract" in the CC of RF is close to the notion in German doctrine and has been formulated broader than in the above international and foreign acts. The notion "mass deal" as well as "mass contract" has foreign roots and was set forth in Paragraph 19 of the General Equal Treatment Act (Germany). The notion mass contract is not equal to a special contractual construction of the Contract of Adhesion in Article 428 of the CC of RF. Having compared the notions "framework contract" and "mass contract", the author points out that they have something in common - their aim. They both are called to simplify and ease the establishment of civil legal relationship between economic entities and to reduce expenses on contract formation. The examination of the above constructions is given in details.

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