CLASSIFICATION OF AGREEMENTS ON JOINT ACTIVITIES

Abstract

The article is devoted to the classification of agreements on joint activities, which allows to most fully disclose the specifics of these obligations, to determine their spectrum and legal nature, to establish functional connections between them, to analyze the legal properties of the content of certain types of obligations from the standpoint of implementing the principle of freedom of contract, and most importantly, to determine the features of the mechanisms of contractual regulation of relations mediated by certain types of agreements that form an independent type of contract. It was concluded that the division of contracts on joint activity according to the principle of dichotomy, based on the disclosure of the essential characteristics of the contract as a special legal category, is not capable of reflecting the system of the researched group of contracts in their differentiation, which is characterized by such important features as the preservation of functional connections between individual structural elements of this system and the isolation of qualitative properties of the latter, given that it can be perceived as a priority in determining the legal nature of contracts on joint activity, but not in the context of their systematization. The expediency of classifying agreements on joint activity based on such a criterion as the specificity of the scope of application of the design of the agreement on joint activity is substantiated. Systematic doctrinal differentiation of agreements on joint activity according to the criterion of the scope of their application has not been carried out so far. A conclusion was made about the expediency of classifying agreements on joint activity based on such a criterion as the scope of application, since the study of the peculiarities of the application of agreements on joint activity in one or another area contributes to an in-depth study of their legal nature and the determination of the differentiated specificity of their legal properties. According to the criterion of the scope of application of agreements on joint activity, the most common types are distinguished, such as: 1) agreement on joint activity in the field of investment in construction; 2) agreement on joint activities in the field of public-private partnership; 3) an agreement on joint activities in the field of innovative activities, etc.