Magazine content за Август 2011 г.
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ARCHIVE FOR 2011    RUSSIAN

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Август 2011

CONTENT

 

Content

 

EDITOR’S COLUMN

Vasnev V.V. Editorial note

 

FREE TRIBUNE

Saveljev А.I. Some issues related to legal regulation of mixed contracts in the Russian and foreign civil law
The author proposes the order for establishing the set of rules governing relations arising from the mixed contract. The article solves issues as for elements of which contracts are mixed and what legal regime of “mother” contracts is to be applied.
Keywords: mixed contract, nameless contract, freedom of contract
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Saifullin R.I. Legal nature of the guaranty obligation
The obligation between the creditor and the guarantor is equal in its nature to obligation between the creditor and the main debtor and does not represent liability-based relations. From the practical point of view such conclusion is important for qualification of the guaranty claims in a bankruptcy case and upon distribution of costs between several guarantors. Special attention is paid to relationship between several guarantors.
Keywords: guaranty, accessory obligation, economic costs
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Yudin А.V. The problems related to coincidence and combining of the procedural statuses in arbitrary and civil process
Status of the participant of civil or arbitrary process may coincide with the status of the other participant (for example, the applicant and the defendant are the same person; the witness has legal interest in a case; the representative is questioned as a witness etc.). The article offers admissibility criteria for such coincidence and combining of procedural statuses.
Keywords: procedural status, persons participating in a case, parties of the civil and arbitration process
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Panova I.V., Mikhailova К.А. Legal meaning of the judicial act in case of appealing against legislative regulation: Russian legislation and foreign expertise
The authors of the article study the possibility of reconsidering a case on appealing against legislative regulation and problems related to the effectiveness of court decision on declaring such legislative regulation illegal: the moment from which the legislative regulation is deemed invalid, the meaning of such court decision for the compensation of damages to the affected parties.
Keywords: appealing against legislative regulation, effectiveness of the judicial act, compensation of damage
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EVENTS AND COMMENTS

Bevzenko R.S. Legal positions of the Supreme Arbitrary Court of Russian Federation in the sphere of pledge law.
Comments to regulations issued by the Plenum of the Supreme Arbitrary Court of RF dated February 17, 2011 № 10 “On some issues related to application of pledge legislation” This part of comment is dedicated to the analysis of legal positions of the Plenum of the Supreme Arbitrary Court of RF to the extent of issues on the disposal of pledged property. In order to protect the pledger from violations by the pledge holder, some provisions of the aforementioned regulations impose limit on the possibilities of pledge holder to dispose the pledged property on an extrajudicial basis.
Keywords: pledge, mortgage, disposal of the pledged property
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Kuznetsov S.А. Some issues related to the repayment of costs in a bankruptcy case
Based on the effective legislation and court practice, the author analyzes issues related to the repayment of costs for the fee paid to the insolvency officer and price of services rendered by persons engaged by the insolvency officer.
Keywords: bankruptcy, court charges, insolvency officer
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Appointments

 

On appointment of arbitrary court assessors

 

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

Informational letter of the Presidium of the Supreme Arbitrary Court of Russian Federation dated May 31, 2011 № 145
“Review of arbitrary practice on compensation of damage incurred by governmental and municipal authorities and their officials”

 

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

Application of civil, tax, procedural and administrative legislation with reference to court practice

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