Polyakova V.E. Preliminary agreement and enforceability of its terms: legal approach within Russia’s and Germany’s legislation

Abstract: This article is dedicated to the issue within Russia’s and Germany’s legal system of enforceability of the terms of the preliminary agreement where both parties agree to carry out these terms prior to signing of the actual contract, or are expected to do so based on the principle of trustworthiness. The author explores the ways by which both parties could be stimulated to fulfill these terms by filing a lawsuit, forcing the other party to meet the conditions of the agreement, as well claiming damages should one of the parties fail to complete the terms. The methodological foundation for this article consists of the following methods: dialectical, formal logical, analysis, synthesis, comparative, induction, and deduction. As a result of the research, the author comes to the conclusion that Germany and Russia have a different outlook on the terms of the preliminary agreements; therefore the main accent is made on the use of legal comparative method and offers characteristics of the legislative mechanisms of both countries.

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