Enviar artigo por via de e-mail Electric energy and capacity as objects of contracts in the wholesale electricity and capacity market
- Autores: Bakhtina Y.S.1
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Afiliações:
- Russian State University of Justice
- Edição: Volume 14, Nº 4 (2024)
- Páginas: 220-226
- Seção: New issues in law
- URL: https://journals.rcsi.science/2223-0092/article/view/279825
- EDN: https://elibrary.ru/PVJHCI
- ID: 279825
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In the article, the authors consider the problem of determining the legal nature of electric energy and capacity as objects of contracts in the wholesale electricity and capacity market of the Russian Federation. The lack of a uniform approach to the definition of electric energy and power as objects of property or obligation law is the cause of great disagreement both in theory and in practice. The authors analyze the existing doctrinal concepts and the established judicial practice of qualifying electric energy and power as objects of rights under civil and special legislation in the field of electric power industry. The authors come to the conclusion that the definition of the legal nature of electrical energy as a thing is applicable exclusively to the group of contracts for the purchase and sale (supply) of electrical energy and power, as a result of the provision of services – to contracts for the provision of services for the transmission of electrical energy and technological connection. Recognition of capacity as an independent object of the contract is applicable for a separate and named contract for the supply of capacity.
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##article.viewOnOriginalSite##Sobre autores
Yulia Bakhtina
Russian State University of Justice
Autor responsável pela correspondência
Email: bakhtina_yulia09@mail.ru
Código SPIN: 9818-3998
postgraduate student, Department of Entrepreneurial and Corporate Law
Rússia, MoscowBibliografia
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