METHODS OF ENSURING THE PERFORMANCE OF OBLIGATIONS ARISING FROM THE PRELIMINARY CONTRACT
The article deals with topical issues of application of methods to ensure the performance of obligations arising from the preliminary contract. The author considers that it is inadmissible to use a Deposit as a way of securing the performance of an obligation from a preliminary contract. The author analyzes the ways provided by the law to ensure the fulfillment of obligations from the point of view of their application to legal relations arising from the preliminary contract. Based on the analysis, the amendments to the current civil legislation are proposed. The relevance of the problem is due to the fact that the participants in the business turnover seek to minimize the risks of non-fulfillment by the counterparty of obligations under the contract. This is provided by civil law methods to ensure the fulfillment of obligations. Such methods are widely used in civil circulation. There is also an extensive judicial arbitration practice in their application. However, with regard to the institution of the preliminary contract, difficulties arise in the application of methods for ensuring the performance of obligations. This is largely due to the inaccuracy of legislative wording regarding the ways to ensure the performance of obligations,as well as the lack of uniformity of judicial practice on issues of applying the ways to ensure the fulfillment of obligations to preliminary agreements. The civil law doctrine does not provide answers to discussion questions. However, the author considers that the uniform application of ways to ensure the fulfillment of obligations to the preliminary contract would have a positive effect on the stability of civil relations, as well as the development of the preliminary contract institution as a whole.