ARCHIVE FOR 2015 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Апрель 2015
CONTENT
FREE TRIBUNE
Vadim Belov Independent Guarantee in the Amended Civil Code of the Russian Federation and in the Sources of International Trade Law General rules on obligations and contracts in the Civil Code of the Russian Federation have been
significantly amended by the Federal Law No. 42-FZ of 8 March 2015. The amendments, which had
been widely and actively discussed prior to their adoption, will come into force on 1 June 2015. This
article analyses some of the new rules related to the independent guarantee, formerly known as bank
guarantee, in Chapter 23, § 6 of the Civil Code and compares them with the UN (UNCITRAL) Convention
on Independent Guarantees and Stand-by Letters of Credit of 11 December 1995, as well as some
international unifications of private law. This comparison helps to see the sources of the new Russian
rules and to give a preliminary assessment of these rules which is, unfortunately, not always positive.
Keywords:
independent guarantee, obligation, security, bank guarantee
Buy a PDF
Sergey Budylin Splitting in Half: Personal Bankruptcy and Family Property in Russia and Abroad The article discusses creditors’ rights for family assets in the course of bankruptcy in England, the U.S.,
and Russia. The status of family assets in case of bankruptcy has become a timely and relevant topic
because new Russian legislation on bankruptcy of individuals other than entrepreneurs should come
into force in July, 2015. Across the world national particularities of family property status have a major
impact on the entire bankruptcy procedures as well as have a great significance for the determination
of creditors’ rights. It especially concerns Russian and other jurisdictions, which establish joint tenancy
over matrimonial property.
Keywords:
personal bankruptcy, matrimonial property, community property, England, U.S., Russia
Buy a PDF
Evgeny Gorbunov On Persons Acting without Power of Attorney on Company’s Behalf: towards Reform of Legislation on Commercial Companies This article explores the recent changes in the Russian Civil Code which allow a сommercial company
to have several persons acting on its behalf without a power of attorney. Different models of executive
bodies of legal entities are being analysed de lege lata and de lege ferenda. The author proposes
to establish a set of regulations regarding persons acting without a power of attorney on company’s
behalf which will prevent such persons being regarded as a sole executive body or a chief executive
officer. This practice is argued to allow shareholders to establish a hierarchy of a company's executive
bodies or officers. The suggested hierarchical model is demonstrated by the example of state industrial
enterprises of the Soviet economy.
Keywords:
representative, sole executive body, executive organ
Buy a PDF
Alexey Argounov The Legal Basis of the Dispute in the French Civil Procedure This article examines the problem of identitiy of claims and discusses legal basis as an element of
identity by the example of new practice of the French Court of Cassation. According to its caselaw
the parties involved in the dispute should raise all possible claims derived from the same facts, and
must specify the possible legal grounds for claims in one process. In case the parties fail to do so,
such a mistake cannot be rectified by filing a new suit with a different claim. The court would consider
the new suit as identical to the previous one because it is based on the same facts. It does not matter
that this time the claimant asks for other remedies or provides different legal ground for his claim.
Keywords:
claim, cause of claim, subject matter of claim, identity of claims, legal ground of claim, remedies, principle of free exercise of rights, adversarial principle
Ahdrey Rybalov There Should Be No Secret Rights to Real Property The article investigates the judgment of the Constitutional Court of the Russian Federation № 5-П of
24 April 2015 which considered the constitutionality of Art. 19 of the Federal law on the implementation
of the Russian Housing Code. Based on this article, the ordinary courts decided that family members
of the owner of residential property could exercise their non-registered right to use this property
against its purchaser when it is sold to clear mortgage debts. The Constitutional Court declared that
such approach, and the article itself, violates the Constitution. The article examines grounds for this
decision as well as its possible consequences, and argues that it shall have a great influence on the
further development of the Russian property law.
Keywords:
publicity of property rights, real estate encumbrances, right to use residential property, bona fide purchaser, exigibility of property right
Buy a PDF
