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Published byBeverly Daniels Modified over 9 years ago
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Alexander Kondakov, Centre for Independent Social Research, St. Petersburg (Russia)
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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
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Actually existing relations that in principle may be a matter of a contract; Contract-like relations that cannot be officially contracted. Unsigned (‘social’) contract
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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.
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Which relations require formalisation by a hard contract and which do not? Observation of habitus
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Which powers regulate rights and duties without a written contract? Deconstruction from practices
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How do parties learn about the articles of an unwritten contract? Archaeology of knowledge
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How dispute resolution and principles of justice are possible without a hard contract? Case studies
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How does an unwritten contract regulate relations between the parties? ‘The conduct of conduct’
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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?
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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.
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