Confirming Actions at the Conclusion, Modification and Termination of the Contract

For a long time, there has been a norm in the Russian legislation according to which it is possible to replace the procedure of signing of a contract with some confirmatory actions. Such actions (payment, shipment of goods) traditionally may be used instead of the acceptance. Recognition of these actions as legally significant allows to avoid unnecessary formalization of civil relations, to combine the conclusion and execution of the contract. Such actions are also may be used in consumer legal relations. The article studies the legal acts regulating the provision of services, where we understand as the confirmatory actions the acceptance of a public offer by the actions of the consumers of various services. However, the legislation doesn’t regulate the issues of amendment, termination and cancellation of contracts by confirmatory actions. The article concludes that confirmatory actions can be considered as a consent to amend a written agreement. In the opinion of the authors of the article, such actions may confirm both the cancellation and the termination of the contract. Also, confirmatory actions are used to confirm the validity of the contract, when the party has the right to cancel it. The judicial practice often fills in the legal gaps, that’s why the article provides numerous practical examples, proving the grounds and cases of the use of confirmatory actions. The article understands as confirmatory actions taking of any real actions that clearly indicate a person's desire to enter into a new legal relation or change and terminate previously existing legal relations between the parties, in cases not expressly prohibited by law. It is required to make amendments to the legislation in order to give a definition of this concept, as well as to reveal the grounds and cases of recognition of confirmatory actions as legally significant.

conclusion of the contract, acceptance, confirmatory actions at the conclusion of the contract, modification and termination of the contract by confirmatory actions