THE CONCEPT OF SYNALLAGMATIC LINK ACCORDING TO THE LAW OF ENGLAND AND RUSSIA

Abstract

This article deals with the issues relating to the synallagmatic link of obligations from the contract on Russian law, as well as the institutions through which the goals of the synallagma are achieved in English law. The doctrine of the synallagmatic link of obligations from the contract in its entirety, which is usual for continental civilian, is not developed in common law. At the same time, the ideas of this doctrine are realized through other institutions. In particular, the genetic aspect of the synallagma in common law is expressed by the necessity of having a reciprocal grant (consideration). The weakening of the genetic level of synallagma in common law is due to the historically established tortuous archetype of the contract. This weakening manifests itself in numerous implicit conditions, often only legal fictions, and the promissory estoppel doctrine is capable of completely eliminating the requirement of a genetic synallagma. The idea of the functional level of a synallagmatic link in the common law is realized through the theory of interdependence. At the same time, the taxonomy of the conditions differs significantly from the domestic one. Thus, the condition is divided into events for which neither side took on a contingent condition, and conditions that are an event for which one party assumed responsibility (promissory condition). That is, the criterion of differentiation is the acceptance of responsibility, and not the fact, on whose will the events depend. Depending on the condition for which no party has taken responsibility, only the contract as a whole can be put, which allows preserving the functional link of obligations. Attenuation of this level of synallagma is possible through the mechanism of independent promises if the parties directly provide this condition in the contract.