ARCHIVE FOR 2014 RUSSIAN
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Январь 2014
CONTENT
FREE TRIBUNE
V.A. Bagayev Legal Status of the Owner by Acquisitive Prescription in Laws of England and Russia Legal status of the owner by acquisitive prescription is differently valued in the laws of England and Russia. In England, this is the owner whose right is weaker than the prior owner’s rights. In Russia, there is a wide-spread thesis that the owner by acquisitive prescription has no right for the object before the expiry of time of prescription. The article analyzes the real legal possibilities of the owners by acquisitive prescription in both countries in terms of whether they can protect their ownership, dispose of the object and use it. It shows that the right of the owner by acquisitive prescription in England is limited, and in Russia they have rights construction of which still needs to be determined.
Keywords:
time of prescription, adverse possession, immovable property, vindication, possessive right
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R.I. Sayfullin Lien Execution incident to Solvent Liquidation of a Legal Entity The problem of protecting the creditors’ rights incident to the liquidation of the legal entity is one of the most unexplored themes in domestic civil law. The paper presents a comparative legal analysis by an institution of solvent liquidation in various foreign legal systems. Taking the lien as an example, the author reveals shortcomings of domestic model of the liquidation procedure which is carried out without a judicial, administrative and creditor control.
Keywords:
solvent liquidation of a legal entity, lien, judicial control, creditor control
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D.V. Novak,V.S. Gerbutov Key Issues of Obligations Arising from Unjust Enrichment This article has been prepared by the authors based on their presentations in the course of scientific roundtable “Key Issues of Obligations Arising from Unjust Enrichment” organized by the Law Institute “M- Logos” with the cooperation of the portal “Zakon.ru” and Publishing Group “THE LAW” on April 3, 2013. The article is written in the form of answers of some authors on the most vital and complex issues in the area of unjust enrichment obligations with serious importance, both scientific and practical. Considering the complexity and general insufficient topic development in the domestic legal order, the authors do not claim to reach a final conclusion. Rather, they try to identify the problems and possible solutions, as well as to identify the main lines of argument and thereby prompt the Russian legal community to start discussing these issues. The debate format used by the authors ensures the multiversity of the topic analysis.
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V. Arenhefel Simplified Proceedings in the Civil Law of Germany The article presents a brief overview of the simplified forms of proceedings (writ proceedings, written proceedings, independent proof process) established by the German civil procedure legislation, and the ways to accelerate and simplify the process (trials in absentia, rendering decision without an oral hearing, the court’s decision on the part of the claim, etc.).
Keywords:
simplified proceeding, writ proceeding, acceleration of the civil procedure
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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
