ARCHIVE FOR 2010 RUSSIAN
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Апрель 2010
CONTENT
AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT
IN THE SCIENTIFIC ADVISORY BOARD
COURT PRACTICE. COMMENTS
S.N. Veretennikova Matters of application of Article 395 of the Civil Code of the Russian Federation In compliance with clause 1 of Article 395 of the Civil Code of the Russian Federation interests for use money funds of other persons as a result of their illegal holding, their return avoidance, other repayment in arrears or unjustified receiving or saving at the expense of other person are falling due on a sum ot these funds. The author analyses approches existing in theory and judicial and arbitration practice on several matters related to the application of Article 395 of the Civil Code of RF.
Keywords:
liabilities, payment of money funds in arrears
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S.A. Kurochkin On the practice of adjudgements by the arbitration courts in cases on contestation of arbitral decisions and decisions of international commercial arbitration The article covers analysis of practice of application by the arbitration courts of provisions of the Article 30 of the Arbitration Procedure Code of RF in cases on contestation of arbitral decisions and decisions of international commercial arbitration, pronouncing on the territory of the Russian Federation. A special attention is paid to the order of proceedings in this category of cases, to the application of established by law grounds for annulment of awards, to the balance of the provisions of the Arbitration Procedure Code of RF, of the Federal Law "On the Courts of Arbitration in the Russian Federation", of the Federal Law "On the International Commercial Arbitration".
Keywords:
court of arbitration, international commercial arbitration
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D.N. Morozov Comment to generalization of practice of application of legislation concerning pledges The article represents a comment to generalization of practice of application by the Eighteenth Arbitration Court of Appeal of legislation concerning pledges The author of the comment as a developer of the generalization explains reasons to include one or another example of the judicial practice in the said analytic document, as well as presents a brief justification of approaches existing in theory and judicial practice with regard to application of several regulations of legislation concerning pledges.
Keywords:
pledgeholder, pledge of property in possesion of other person, reservation of pledge rights
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VIEW OF THE PROBLEM
D.V. Elizarov Legal fate of inseparable improvements in real estate lease agreement According to clause 2 of Article 623 of the Civil Code of RF, in the event when the tenant improved the property in tenancy from own funds and with consent of the leaseholder, which are inseparable without damage to the property, the tenant has the right to compensation of value of these improvements after termination of the agreement, except as otherwise provided by the lease agreement. The article examines issues related to application of the indicated provision.
Keywords:
lease, inseparable improvements
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DISCUSSION TRIBUNE
