Alexander Kondakov, Centre for Independent Social Research, St. Petersburg (Russia)

 Shape the discursive formations of a contract: - meanings; - content;  social constructs  Shape the conduct under a contract: - practices; - ‘the conduct of conduct’  deconstruction from practices ==> FINDING POWERS

 Actually existing relations that in principle may be a matter of a contract;  Contract-like relations that cannot be officially contracted.  Unsigned (‘social’) contract

Because:  A practice that exists, but is not recognised in the Russian law;  Relationship that cannot turn into an official contract relations;  Possibilities to enter into a number of other helpful contracts (not marriage);  Cohabitation is division of rights and duties – a contract-like practice.

Which relations require formalisation by a hard contract and which do not?  Observation of habitus

Which powers regulate rights and duties without a written contract?  Deconstruction from practices

How do parties learn about the articles of an unwritten contract?  Archaeology of knowledge

How dispute resolution and principles of justice are possible without a hard contract?  Case studies

How does an unwritten contract regulate relations between the parties?  ‘The conduct of conduct’

 Which relations require formalisation by a hard contract and which do not?  Which powers regulate rights and duties without a written contract?  How do parties learn about the articles of an unwritten contract?  How dispute resolution and principles of justice are possible without a hard contract?  How does an unwritten contract regulate relations between the parties?

 Proposed strategies of dealing with the problem;  Real practices from interviews;  Existing contracts between cohabitants;  Cases brought to the court;  Comparison with other social and legal contexts.