ARCHIVE FOR 2011 RUSSIAN
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Май 2011
CONTENT
EDITOR’S COLUMN
FREE TRIBUNE
A.O. Rybalov On easement of light in the Russian Law Negative easement is not an easement in the sense of limited proprietory right to special property. If such an easement exists by authority of law, then it represents a regulatory restriction of scope of proprietory right, and if it is established by an agreement, then it represents a negtive pledge.
Keywords:
easement, proprietory right, negative pledge
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A.V. Yegorov Competition of the pledge holder and other creditors in the Russian and German Law The Russian Law doesn't contain valid regulatory activities in case of levy of execution on pledged property upon demand of a non-pledge lender. Is levy of execution possible in this case, or is pledged property earmarked only in favour of the pledge holder? Is property released from pledge when sold on public markets? How can interests of all the parties involved be balanced? The author analyses opinions expressed on this issue and suggests his own solution.
Keywords:
pledge, release of property from seizure, public markets
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S.V. Levichev Challenge of unconcluded contracts within the context of reform of the Civil Code of the Russian Federation Within the framework of civil legislation reform being prepared it is assumed that the approach towards the problem of contract not being concluded shall be changed. More specifically, it is planned to introduce a legal process of recognition of a contract as unconcluded and to exclude the possibility of such recognition with regard to a performed contract. In whole the author supports this conception, though he challenges some of its guidelines.
Keywords:
contract not being concluded, unjust enrichment, civil legislation reform
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EVENTS AND COMMENTS
R.S. Bevzenko Legal views of the Supreme Commercial Court of the Russian Federation in the sphere of charging lien. Commentary on the Decree of the Plenum of the Supreme Commercial Court of the Russian Federation dated February 17, 2011, No.10 "On certain issues concering administration of pledge legislation". In this issue of the magazine the first part of the comment to the Decree of the Plenum of the Supreme Commercial Court of the Russian Federation concerning pledge matters is published. The author analyses problems connected with subject of pledge: on legal fate of pledge when changing its subject, on possibility of pledging several objects within the framework of one contract indicating only their total value, on implementation of unanimity of legal fate of rights for the land plot and for real estate situated on it to pledge relations.
Keywords:
pledge, mortgage, real estate, property complex
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
COURT PRACTICE INDEX
