Lex Constructionis as a Regulator of an International Construction Contract in Russia

Abstract

Introduction. The gaps in the international private legal regulation of legal relations arising from an international construction contract are filled by other sources of law, primarily Lex constructionis, which is a set of acts and documents developed by non-governmental organizations that do not have the force of law, but are actively used in business circulation.

FIDIC contracts can be cited as standard contracts, which are a set of narrowly focused standard forms of contracts, each of which was developed for a specific situation and certain legal relations arising from an international construction contract.

Despite the international and narrowly focused nature of the FIDIC agreements, their application is also possible in the national projects of Russia with some reservations.

The purpose of this article is to analyze Lex constructionis on the example of standard FIDIC con- tracts and the possibility of using FIDIC contracts in national projects in Russia.

Materials and methods. The implementation of the research tasks was achieved on the basis of the study of theoretical and practical experience in the application of standard FIDIC construction contracts. The methodological basis of the study was the following methods: generalization, analysis, synthesis, induction, deduction, comparative legal analysis. The results of the study. The following tasks are solved in the work: an analysis of standard contracts and Russian legislation is carried out, their contradictions are revealed.

Discussion and conclusions. The use of FIDIC model contracts without their adaptation to Russian law is not possible due to the existence of contradictions between the provisions of FIDIC model contracts and the mandatory rules of Russian law, arising from different approaches to the regulation of a construction contract - FIDIC model contracts are based on the doctrine of common law, while Russian law belongs to the Romano-Germanic legal family.