Withdrawal of Goods in Russian Civil Law: the Nature of Seller's Liability

The topic of this research became relevant due to existence of practical difficulties in application of the rules of Civil code of Russian Federation regarding liability of an unentitled seller under Contract Of Sale in case of withdrawal of sold goods from a buyer to by a third party on the grounds which arose before the execution of the contract. There is an issue about imposing the liability on a seller who has not got an ownership on goods which lays in a widely spread view under which such sale is invalid and hence implies no legal consequences. Lack of legal consequences of such contract excludes liability for it breach. An adoption of such view on validity of sale performed by unentitled seller makes it impossible for a buyer to ask for damages for withdrawal of goods while he is entitled to do so under the law. The study is aimed on a search of a most effective approach on solution of a problems occurred regarding protection of a buyer under Contract of Sale who was injured by breaching a warranty of a transfer of a title which, as it stated in the study, implied by every such agreement. This goal makes it necessary to analyze problem-solving approaches of validity of Contract of Sale in order to reconcile contradictions arise in a sphere of applying the rules of Civil code of Russian Federation about protection of a buyer.