Types of legal professions in russia

Lawyers in private practice in Russia work mostly within colleges of ad­vocates — self-managed cooperative-type organizations.There are about nineteen thousand advocates in more than one hundred colleges. The highest body of advocates' self-management is the general meeting of a college. The presidium headed by the chairperson is the executive boardof each college. The presidium is elected by the general meeting for a term of three years.

Colleges of advocates are formed in accordance with territorial subdivi­sions - in the cities, regions (oblasts), republics or autonomous entities. In its territory any college is represented by law firms or legal aid offices,which renderall regular legal assistance to citizens: advocates counsel people, draft legal documents, represent plaintiffs or defendantsin civil litigation, and provide defense in criminal proceedings.

There are now more and more American-type law firms in Russia func­tioning separately from colleges of advocates and especially involved in representing private businesses.

Many lawyers are employed by the law offices of enterprises, ministries and agencies as in-house counsel (jurisconsult). These lawyers have all powers of an attorney, but they represent their single and permanent "client" -their respective organization. There are about twenty thousand of them in Russia, and in view of the economic reform this body is growing.

Of course, many in the legal profession teach or do academic research work. In Russia there are forty institutions of higher education in law (either a law school attached to a university or a separate entity called a "juridicalinstitute"). New private law schools are popping up. There are also separate research centers in law, the most prominent of which is the Institute of State and Law under the Academy of Sciences of Russia.

PART 11

Law of contracts

The law of contracts considers such questions as whether a contract exists, what the meaning of it is, whether a contract has been broken, and what compensation is due the injured party. In theory, contractual obligations should be concluded Between parties of substantially equal awareness and bargaining power and for purposes fully approved by society.

In the simplest definition, contract is a promise enforceable by law. The promise may be to do something or to refrain from doing something. The law reflects this Utopian idea in the sense that it tends to conceive of contract as an arrangement freely negotiated between two or more parties of relatively equal bargaining power. The making of a contract requires the mutual assent of two or more persons, one of them ordinarily making an offer and another accepting. If one of the parties fails to keep the promise, the other is entitled to legal recourse. The manifestations of intention required to form a contract are accordingly thought of as indicating real willingness, although in fact they may simply represent acquiescence. Contract law in such cases provides only what can be called the legal relationship.

Exc.1 Give Russian equivalents to the words given in bold type.

DEFINITION OF A CONTRACT

A contractmay be defined as a legally binding agreementbetween indi­viduals or between a state and an individual. Binding agreements between states are treaties.

This means that the agreement generates rights and obligationsthat may be enforcedin the courts. The normal method of enforcementis an action for damages for breach of contract,though in some cases the court may compel performanceby the party in default.

Contracts are classified into "contracts by deed"and "simple contracts".The contract by deed must be in writing and must be signed, witnessed, and delivered. Promises made by deed do not need to be supported by consid­erationin order to be enforceable.

All other contracts may be classified as simple contracts, whether they are made in writing, orally or by conduct. Another way of classifying con­tracts is according to whether they are "bilateral" or "unilateral".

In case of a bilateral contract a promise by one party is exchanged for a promise by the other. The exchange of the promises is enough to make them both enforceable. In case of a unilateral contract one party promises to do something in return for an act of the other, as opposed to a promise. There are three basic elements in the formation of a valid contract.First, the par­ties must have reached agreement (offer and acceptance);secondly, they must intend to be legally bound;and thirdly, both parties must have pro­vided valuable consideration.

A contract consists of various terms,both expressedand implied.A term may be inserted into the contract to exclude or restrict one party's liability.

A contract may be invalidatedby a mistake, or by illegality,and where the contract has been induced by misrepresentation, duress or undue influ­ence,the innocent party may have the right to set it aside.

Many people assume that a contract is only legally enforceable if it is in writing and signed by the parties to the contract. This is a mistaken belief: most of us during our daily lives enter into unwritten contractswhich are as legally enforceable as the most complex written documents. Simple trans­actionssuch as the purchase of a bus ticket or a packet of frozen peas from a supermarket are enforceable agreements and governed by the rules of the law of contract.

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