Civil law models and analogies in the legal definition of the ridesharing agreements

• Main Author: Viktor А. Mikryukov
• Format: Article
• Language: English
• Published: Editorial AAR 2021-05-01
• Series: Laplage em Revista
• Subjects: Gaps in the law; Analogy; Ridesharing agreement; Joint activities; Charter agreement
• Online Access: https://laplageemrevista.editorialaar.com/index.php/lpg1/article/view/862

The purpose of the work is to identify and use an analogy to elaborate permissible variants of the legal qualification of the ridesharing relationships in the civil law structures. The peculiarity of this work was that the methods of analogy and legal modeling acted simultaneously as both methods and objects of study. The result is that there is a gap in the civil law identification of ridesharing agreements, and analogic uses of existing civil law material are proposed to overcome it. The significance of the work is manifested in its ability to help ensure greater contractual freedom and variability of economic activity, accelerate the integration of ridesharing into the Russian legal framework and improve the efficiency of the civil circulation. At the same time, the study highlights the potential of methods of analogy and legal modeling in the adequate legal regulation of changing ways of providing and consuming transportation services in the digitalization of economic processes.