- Research Article
- 10.37399/issn2072-909x.2026.3.46-59
The Interpretation of the Concept of Civil Transactions in Russian and Foreign Law: Theory and Jurisprudence
- Mar 10, 2026
- Rossijskoe pravosudie
- Aminat M Gavrilova
The article is dedicated to the interpretation of transactions. Its purpose is to provide a scholarly analysis of Russian and foreign legislation, legal theory, and law enforcement practice concerning the interpretation of civil transactions. The article’s objectives are: to examine the interpretation of contracts, inheritance agreements, and wills, and to address problems in their legal application. Research methods: analysis, formal legal, comparative legal. The article explores the legal framework governing the interpretation of contracts and wills within domestic and foreign legal systems, doctrinal positions, and relevant judicial practice. The study’s findings reveal both commonalities and divergences in the legal norms regulating the interpretation of contracts and wills in Russia, Belarus, Germany, Spain, China, Kazakhstan, Kyrgyzstan, Tajikistan, and a number of other countries. The author identifies the principal distinctions within Russian legislation on the interpretation of contracts versus wills, which lie in the subjects entitled to interpret them and the methods of interpretation employed. Consequently, the study concludes by proposing specific amendments to the Civil Code of the Russian Federation. Based on this research, the author concludes that it is advisable to introduce into the Civil Code of the Russian Federation a specific article on the interpretation of unilateral transactions, as well as Art. 1140.2, “Interpretation of an Inheritance Agreement”, which accounts for the dual legal nature of this type of contract. Furthermore, it is proposed to supplement Art. 1132 of the Civil Code of the Russian Federation with a clause stating that if the literal meaning of a testamentary provision cannot be determined using the rules established in the first and second parts of this article, that provision shall be deemed non-existent. Finally, the author concludes that further research is needed on the interpretation of civil law transactions, as well as the improvement of legislation and its application in practice.
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