Representations about Circumstances vs. Representations and warranties
https://doi.org/10.25205/2542-0410-2025-21-3-76-87
Abstract
In this article, the author notes the completed importation of the concept of “representations and warranties” from English law into Russian law. A number of arguments are presented demonstrating the discrepancy between the objectives of the institution of representations and warranties in English law and the objectives underlying Article 431.2 of the Russian Civil Code. The author draws attention to the absence of requirements for the form of expression of representations in Article 431.2 of the Russian Civil Code. Particular attention in the article is paid to the provision of representations regarding facts of the past, present and future.
The author puts forward proposals for adjusting the provisions of Article 431.2 of the Russian Civil Code, which can be taken into account by the Russian legislator when revising the provisions of the articles of the Russian Civil Code.
About the Author
N. Y. Pshenichnaya
Russian Foreign Trade Academy
Russian Federation
Russian Federation
Nina Y. Pshenichnaya, Postgraduate Student, Practicing Lawyer
Moscow
References
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Review
For citations:
Pshenichnaya N.Y. Representations about Circumstances vs. Representations and warranties. Juridical science and practice. 2025;21(3):76-87. (In Russ.) https://doi.org/10.25205/2542-0410-2025-21-3-76-87
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