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ARCHIVE FOR 2011    RUSSIAN

Март 2011

CONTENT

 

EDITOR’S COLUMN

 

FREE TRIBUNE

S.A. Gromov Determining the financial result of a leasing operation in terms of early termination of a leasing agreement
The author resolves the problem of the consequences of early termination of a leasing agreement based on the essence of leasing as crediting and not hiring. The article contains the conclusion that in determining such consequences it is necessary to assess the financial result of the leasing operation for both parties instead of analyzing the structure of leasing payments and the amount of the purchase value of the property.
Keywords: leasing, unjust enrichment, losses, early termination of the agreement
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E.E. Shevchenko Determined and determinable conditions of agreements
The author classifies the contractual conditions into determined and determinable and researches the issue about the permissibility of their use in various contractual constructions. Special attention in the article is paid to the issue of the contract terms for purchase of future real estate.
Keywords: contract terms, essential conditions, future real estate
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A.V. Asoskov Forms of expressing the agreement of the parties about choosing the applicable law
The article analyzes carious forms of expressing the agreement of the parties about choosing the applicable law. Special attention is paid to the implied agreement and most typical indicators which in practice evidence existence of such agreements. The author of the article also considers the most effective approaches to choosing the applicable law at the stage of judicial proceedings.
Keywords: agreement on choosing the applicable law, autonomy of will, international private law, applicable law, conflict of law rule
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EVENTS AND COMMENTS

A.I. Babkin, M.A. Zanina Corporate Rehabilitation. Comment to the ruling of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 20 October 2010 no. 5032/10
In the commented ruling, the Presidium of the Supreme Arbitration Court of the Russian Federation formulated the position, according to which the court’s recognition of an entry in the Uniform State Register of Legal Entities about reorganization of a legal entity as invalid entails its termination and rehabilitation of the entity which existed before the reorganization.
Keywords: reorganization of a legal entity, restoration of a legal entity, entry in the Uniform State Register of Legal Entities
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A.V. Vasin Review of amendments in the arbitration procedure laws in 2010
The article concerns the main changes which occurred in the arbitration procedure laws in 2010: new regulations on distributing the burden of proof, the system of challenging judicial acts, mediation, competence of arbitration courts, etc.
Keywords: arbitration process, challenging judicial acts, mediation, procedural terms
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Information letter of the ”Presidium of the Supreme Arbitration Court of the Russian Federation dated 18 January 2011 no. 144
“On some practical matters of consideration by arbitration courts of disputes about providing information to the participants of business entities"

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

 

 

COURT PRACTICE INDEX