‘Wrong Price Tag’ at a supermarket in the focus of general principles of law

The article compares the German and Russian sales contract models by the example of civil cases illustrating the specifics of shopping at a supermarket. Analyzing the ratio of offer and acceptance, as well as the specifics of invitatio ad offerendum and the so-called public agreement, the authors capture the gaps of legal regulation for both models. Basing on the materials presented in this article, the authors consider it necessary to formulate the following main conclusions: § legal uncertainties exist not only in the civil and economic transactions in Russia and Germany. The civil cases considered in this article were studied not only from the perspective of national legislation norms of Germany and Russia but also in the context of general principles of law, the reasonable person standard and the trust protection principle; § the model of the sales contract adopted in the Russian law leaves the seller and the buyer in a stalemate when solving the problem of a wrong price tag at the supermarket checkout. Moreover, such model in the trend creates a complex legal and technical issue. On the contrary, the German law model of the sales contract unambiguously indicates the fact that it is impossible to recognize the wrong price tag as mandatory, as this contravenes with the freedom-of-contract doctrine; § the dominant paradigm of legal positivism determines that legal value is given only to the principles clearly entrenched in the active legislation. In the absence of positive law standards, these gaps can be filled by applying the general principles of law recognized by the civilized nations. © 2018, by ASERS® Publishing. All rights reserved

Authors
Korolev S.V.1 , Shulzhenko Y.L.1 , Rusakova E.P. 2 , Batyaeva A.R. 2 , Dudin M.N. 3
Publisher
ASERS Publishing House
Number of issue
3
Language
English
Pages
1004-1010
Status
Published
Volume
9
Year
2018
Organizations
  • 1 Institute of State and Law of the Russian Academy of Sciences (ISL RAS), Moscow, Russian Federation
  • 2 Pеоples Friendship University of Russia (RUDN University), Moscow, Russian Federation
  • 3 Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russian Federation
Keywords
Acceptance; Legal state principle; Offer; Principle of equality; Principle of justice; Public contract; Public offer; Reasonable person standard; Solicitation of an offer; The ‘pacta sunt servanda’ principle; The ‘venire contra factum proprium’ principle; Trust protection principle (vertrauensschutz)
Date of creation
04.02.2019
Date of change
04.02.2019
Short link
https://repository.rudn.ru/en/records/article/record/36358/
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