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ARCHIVE FOR 2011    RUSSIAN

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

A.A. Kuznetsov Comments on the letter of information of the Presidium of the Supreme Commercial Court of the Russian Federation dated January 18, 2011, No. 144
"On certain issues concerning procedure for consideration by Commercial Courts of disputes on delivery of information to members of economic societies" In its letter of information dated January 18, 2011, No.144 the Presidium of the Supreme Commercial Court of the Russian Federation answers a lot of questions related to enforcement of informational rights of members of economic societies based on the principle of striking of balance of interests between corporations and members.
Keywords: right to information, economic society, abuse of rights
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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

 

The Decree of the Plenum of the Supreme Commercial Court of the Russian Federation dated March 24, 2011, No.28
"On amending the Decree of the Plenum of the Supreme Commercial Court of the Russian Federation dated February 17, 2011, No.11 "On certain matters of administration of the Special Part of the Code of Administrative Offences of the Russian Federation"

 

 

The Decree of the Plenum of the Supreme Commercial Court of the Russian Federation dated March 24, 2011, No.29
"On introducing to the State Duma of the Federal Assembly of the Russian Federation a draft federal law "On making amendments to the Arbitration Procedure Code of the Russian Federation and to Part Two of the Tax Code of the Russian Federation in connection with improvement of the summary procedure"

 

The Decree of the Plenum of the Supreme Commercial Court of the Russian Federation dated March 24, 2011, No.30
"On making amendments to the Decree of the Plenum of the Supreme Commercial Court of the Russian Federation dated May 28, 2009, No.36 "On administration of the Arbitration Procedure Code of the Russian Federation when considering cases in the Commercial Court of Appeal"

 

 

 

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

 

 

 

 

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