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6.5. Reasonableness as a Principle of Civil Law

Wednesday, 15 May
16:00 - 18:00

Hall #3, General Staff Building (6-8, Dvortsovaya sq.)

Modern legal regulation is impossible without the use of «open concepts». One of the basic concepts around which a significant number of rules are formed is «reasonableness». Although in Russian civil law, the first mention of «reasonableness» occurred relatively recently, today no one will deny its importance as a universal measure to assess behavior of persons. However, the regulatory effect and potential of the category of «reasonableness» are not fully disclosed in Russian civil law.

The subject of this panel discussion will be the main problems of interpretation and application of the concept of «reasonableness».

What is the role of the court applying the rules of «reasonableness»? Does the court only apply the law, using the standards of conduct already formed in society? Or does the court have competence to create a law, and its role is to develop a specific rule?

How does the requirement of «reasonableness» correlate with the requirement of «good faith»?

What is the potential of the standard «reasonable man» in interpreting and applying norms of tort law?

What is the significance of corporate law rules that specifically prescribe the requirement of reasonable behavior? What are the criteria and limits of judicial assessment of the reasonableness of actions of members of the bodies of a legal persons?

Moderator

Andrey Pavlov

Associate Professor of the Civil Law, Saint Petersburg State University

Speakers

Kendall Coffey

Attorney, Coffey Burlington, USA

Artem Karapetov

Director, M-Logos Law Institute

Aleksandr Konovalov

Minister of Justice of the Russian Federation

Olga Mazur

Associate Professor, Department of Civil Law and Civil Process, Higher School of Economics

Olesya Petrol

Lector, The Faculty of Law at the Moscow School of Social and Economic Science

Andrey Shirvindt

Доцент кафедры гражданского права юридического факультета, Московский государственный университет имени М.В. Ломоносова

Dmitry Stepanov

Partner of corporate practice, Egorov Puginsky Afanasiev & Partners


* The Programme may be subject to change