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ARCHIVE FOR 2011    RUSSIAN

Сентябрь 2011

CONTENT

 

 

EDITOR’S COLUMN

 

FREE TRIBUNE

A.V. Egorov Liquidation Stage of an Obligation
Termination or repudiation of an agreement not always results in termination of an obligation; it may pass to the liquidation stage. This stage involves leveling of considerations. The author believes that such leveling takes place within a transformed obligation and is not based on any regulations related to unjust enrichment or indemnification.
Keywords: termination of obligation, termination of agreement, unjust enrichment, indemnification
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E.D. Suvorov Unacceptability of Exercise of Voting Right on the Instruction of a Third Person for Consideration
The author believes that agreements for exercise of a voting right of a member of a business company on the instruction of a third person are invalid. It complies neither with the literal sense of law nor with the essence of corporate relations.
Keywords: shareholder agreement, voting right, freedom of contract, conflict of interests
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E.A. Krasheninnikov, Y.V. Baigusheva Reservation of Title Proviso
The authors believe that using a reservation of title proviso the parties make three deals: an agreement of sale of a movable thing, an agreement of transfer of ownership to this thing and a related agreement for a limited property interest in such thing. This article provides a detailed research into this complicated structure based on analysis of works by German experts in civil jurisprudence.
Keywords: suspensive condition, transaction of disposition, right to wait, limited property interest
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EVENTS AND COMMENTS

A.A. Pavlov, A.M. Zabrotskaya New Principles of Governing Joint and Several Obligations
In May 2011, UNIDROIT principles were supplemented with a new chapter about plurality of obligors. The authors of this comment analyze its provisions dedicated to the regulation of joint and several obligations. The text of this chapter is published after the comment.
Keywords: UNIDROIT principles; plurality of obligors, joint and several obligations, subrogation
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D.I. Dedov The Problems of Effectiveness of the Institution of Related-Party Transactions. Comment to Resolutions of the Presidium of the Supreme Commercial Court of the Russian Federation No. 15749/10 of 12.04.2011 and No. 18439/10 of 07.06.2011
In the resolutions commented by the author the Presidium of the Supreme Commercial Court of the Russian Federation formulated two legal positions that considerably extend the scope of application of related-party transaction regulations: 1) a series of related transactions may be subject to related-party transaction regulations, even if interested persons do not participate in all transactions; 2) regulations governing related-party transactions on the analogy of law may apply to transactions involving disposal of cooperative’s property.
Keywords: related-party transaction, related transactions, analogy of law, production cooperative
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R.S. Bevzenko Legal Positions of the Supreme Commercial Court of the Russian Federation in the Field of Lien Law.
Comment to Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 10 of February 17, 2011 On Certain Issues of Application of Lien Law.
The last part of this comment covers certain issues of sale of collateral, protection of a bona fide purchaser of collateral, as well as procedural aspects of lien law.
Keywords: collateral, mortgage, bona fide purchaser, jurisdiction
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 2 of June 30, 2011
On Application of the Code of Arbitration Procedure of the Russian Federation for Revision of Judicial Acts in View of New or Newly Discovered Facts

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 54 of July 11, 2011
On Certain Issues of Resolution of Disputes Arising out of Agreements Related to Real Estate to be Created or Purchased in Future

 

 

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