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Earnest Money and Related Legal Constructions
Authors: Oleg G. Ershov, Alexandra N. Zhdanovа
Number of views: 545
The paper reveals the shortcomings of the legal structure of the deposit as a way of ensuring fulfillment of the obligation. The conclusion about imperfection of expression structure of the deposit, the deposit shows contrast from adjacent legal structures, such as advance payment, security deposit and a penalty. The proposed criteria of differentiation, and the imperfection of the legal technique to be considered in the further development of civil law. On the basis of the civil law theory allocated additional features characteristic of the deposit: a written agreement on the advance may be regarded as proof of the will of the parties, which is aimed at the conclusion of the main contract; such an agreement should not be reduced to a civil contract, it is not subject to the requirements of the harmonization of the essential conditions, offer and acceptance; permitted to use the deposit liabilities in tort, in this case, it only performs the function of a payment; depending on whether public relations is used deposit (property or organizational) that is allocated the main functions of the deposit begins to take priority in comparison with others; deposit may be made by a third person instead of the debtor.