New types of the partnership agreement in the context of collective use of goods and services (sharing economy)

Abstract

The modern socio-economic context of shared consumption (sharing economy) sets new goals and objectives of using joint activities.

The article presents the main theoretical and practical problems of types of the partnership agreement as an organizational agreement, forms of organization and conduct of joint activity.

The article is prepared with due regard to the reform of contract law of the Russian Federation, new trends in the science of civil law and in law enforcement practice. Also, the article takes into account the jurisprudence that contains new approaches to the interpretation of an obligation and agreement under consideration. In this regard, the decisions of the Plenum of the Supreme Court of the Russian Federation (for example, the Decision dated March 24, 2016 No. 7 “On Application by Courts of Certain Provisions of the Civil Code of the Russian Federation Concerning the Breach of the Obligations,» 22 November 2016 No. 54 “On Certain Issues of Application of General Provisions of the Civil Code of the Russian Federation on Obligations and Their Performance”) are subjected to thorough examination.

Particular attention is paid to the legal nature, constitutional features of certain types of the partnership agreement, their manifestations in modern civil legislation and practice of application.