A Settlement as a Civil Law Deal

In this paper, the author explores the settlement agreements in terms of their civil nature and draws conclusions on how to increase the popularity of settlement agreements under the conditions of the current procedural regulation. In the first part of the work, the author sets himself the task of examining the connectedness of the parties by settlement settlement agreement before it is approved by the court. The author concludes that the conclusion of a settlement agreement is a transaction, the legal effect of which, as a general rule, comes after the onset of a suspensive condition - approval by the court. The author proposes to block unjustified refusals from the settlement agreement with the help of the doctrine of abuse of law, procedural estoppel and recognition of the suspensive condition to occur, despite the obstruction of the other party. In the second part of the work, the author sets himself the task of examining the permissible content of settlement agreements on the example of suspensive and resolutive conditions, taking into account the requirements of enforceability of settlement agreements and verification of their legality by the court. The author concludes that the settlement agreements under the condition themselves do not contradict the requirement that the amicable agreement be enforceable if the conditions are formulated in such a way that they do not cause questions at the execution stage. However, the author also comes to the conclusion that more complex settlement agreements, which contain long-term obligations and may give rise to new disputes, are advisable to enter into outside the legal process under the condition of rejection of the claim. It is better to conclude simple settlement agreements, for which the court can issue a writ of execution, in a court process.