Classify the contract
The label is not conclusive where a substantial part of the future price was paid.
Fix the deadline
Russian law sets a specific six-month period for compelling the main contract.
Separate remedies
The contract right, money, damages and security require distinct analysis.
Initial review
| Fact | Meaning | Evidence |
|---|---|---|
| Subject and essential terms identified | The future main contract can be established | Agreement and schedules |
| Main-contract deadline stated | Controls default and enforcement timing | Contract clause and correspondence |
| Substantial price paid | Possible future-property sale with prepayment | Payments and economic purpose |
| Asset transferred or title registered | The relationship may no longer be merely preliminary | Delivery record, register and possession |
Party workflow
Collect the file
Gather the agreement, schedules, payments, messages, draft main contract and asset records.
Check timing
Identify when the main contract was due and what proposal was sent.
Review the case
Identify the filing date, procedure, manager and official publications.
Select the remedy
Compare enforcement, repayment, damages and bankruptcy-claim filing.
Advance, deposit or price instalment
The payment label matters but the entire transaction controls. An advance may be refundable when its basis ends. A deposit has additional security consequences but requires written agreement. A purported preliminary agreement requiring substantial payment for future real estate may be treated as a future-property sale with prepayment.
- match every payment to the contract clause;
- identify a separate written deposit clause;
- determine reciprocal performance;
- do not confuse repayment and contract enforcement;
- file any monetary claim within the case deadline.
Intent boundary
| Situation | Guide |
|---|---|
| Bankruptcy before the main contract | This guide |
| Apartment buyer already holds title and enters bankruptcy | Apartment buyer bankruptcy guide |
| Seller transfers property before bankruptcy | Pre-bankruptcy property sale guide |
| General personal-bankruptcy prepayment | Advance payment guide |
FAQ
Does bankruptcy automatically terminate the preliminary contract?
No. The deadline, duties, procedure and bankruptcy consequences require review.
May the main contract be compelled?
Civil Code Article 429 generally permits a claim within six months of breach, but bankruptcy and asset ownership may affect the remedy.
Where is an advance-refund claim filed?
A monetary claim is generally established in the bankruptcy case, depending on when it arose and the procedure.
Is a deposit always returned twofold?
No. A valid written deposit, attributed responsibility and bankruptcy rules all matter.
Official sources
- Russian Civil Code, Article 429
- Russian Civil Code, Articles 380–381 and 445
- Bankruptcy Law, Articles 16, 71, 100 and 142
- Supreme Commercial Court Plenum Resolution No. 54
Related guides: apartment buyer bankruptcy, pre-bankruptcy property sales and advance payments.
Need the agreement classified and the correct remedy selected?
Initial consultation