ESSENCE COMPENSATION FOR LOSSES (INDEMNITY) ARISEN IN THE CASE OF OCCURRENCE OF CIRCUMSTANCES STATED BY THE CONTRACT

Аннотация

The introduction of new institutions, mechanisms and rules into legislation will play an important role in increasing the investment attractiveness of the country. In addition to state guarantees for investors, contractual relations between participants in economic relations and the establishment of certain guarantee mechanisms in relation to the conditions of doing business are considered reliable guarantees of invested capital. At the same time, it is important to enshrine in the national legislation the legal mechanisms and rules that are widely used in the legislation and law enforcement practice of developed countries and aimed at strengthening contractual security between investors and their counterparties. Today, as additional means and mechanisms of security, one can recognize "indemnity (indemnity) upon the occurrence of cases stipulated by the contract", "guarantees (warranty) in circumstances (cases)", "astrent", "estopel", option, ecrow , which are widely used in the legislation of foreign countries and are of particular interest to investors