ARCHIVE FOR 2012 RUSSIAN
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Июль 2012
CONTENT
FREE TRIBUNE
Yegorov N. D. Aspects of Distinction between Real Property and Personal Property in Civil Law. The work presents an attempt to bring about a criterion for distinguishing between real property and personal property, based on inherent features. A hypothesis is proposed and substantiated, stating that real property "by nature" and real property "by law" share a common inherent feature that causally conditions the character of their legal status, and namely the necessity to officially register proprietary rights to such property. This common feature is the fact that such property cannot be subjected to civil transactions without losing its initial intended designation.
Keywords:
personal property; real property; "real property by nature"; "real property by law"; property insusceptible of civil transactions
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Rybalov A. O. Perpetual Lease. CCRF new revision draft proposes the establishment of a new proprietary right in Russian legal order - perpetual lease (emphyteusis). The author sheds a light on the history of emphyteusis and its control in foreign legislations, comparing the provisions of the project with current regulations as to real estate lease.
Keywords:
perpetual lease; emphyteusis; lease; CCRF revision
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Baybak V. V. Minimizing Losses Related to Contract Breach (mitigation). The author analyzes measures to be taken by the creditor in order to minimize losses related to contract breach, compares this liability restriction criterion with the adjacent categories and explores the conditions of its practical application.
Keywords:
minimization of losses; creditor's liability; contractual responsibility; fault of the creditor
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RESOLUTIONS AND DECISIONS OF THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION
