The place of surrogate agreement in civil law contracts system

Abstract

This article is devoted to the problems of legal regulation of surrogate agreement. The relevance of the research due to the fact that at present time in the Republic of Kazakhstan surrogate agreement is not enough regulated legal construction that, in turn, affects the legal practice. The legal essence of surrogate agreement, its law nature is considered in this article. The study of several models of surrogate agreement and their elements, including the scope of the contract, subject structure and other terms that pass on the essential characteristics of the contract is carried out by authors on the basis of the analysis of different points of view of toplevel scientists in the sphere of contract and family law, with a purpose to finding of an optimum construction. Taking into account the law enforcement practice, the theoretical features of surrogate agreement construction, as well as different points of view, characterizing the contemporary level of exploration of this issue, the authors draw conclusion about the independent place of surrogate agreement construction in civil law contracts system. Having a superficial similarity with the group of obligations on rendering of services surrogate agreement significantly stands out from this group of special requirements for subject composition and terms of its execution, which proves that the legal nature of these contracts is different.