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ARCHIVE FOR 2011    RUSSIAN

Сентябрь 2011

CONTENT

 

 

FROM THE EDITORIAL OFFICE

 

INTERVIEW OF THE ISSUE

Chucha S. Iu. “We don’t need overachievement or heroic deeds, we only have to do our job”
Sergey Yurievich Chucha, the Chairman of the Moscow Arbitration Court, answers the questions of Vladimir Bagayev, Chief Editor of Moscow Lawyer magazine.
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BUSINESS CHRONICLES

Do Buyers Need to Prove Their Good Faith?
Commentaries to Resolution No. 13815/10 of March 9, 2011, of the Presidium of the Supreme Arbitration Court of the Russian Federation

 

Is Mortgage Terminated upon the Modification Performance of the Secured Obligation?
Commentaries to Resolution No. 13819/10 of March 17, 2011, of the Presidium of the Supreme Arbitration Court of the Russian Federation

 

Is Property Tax Payable before the State Registration of Real Estate?
Commentaries to Resolution No. 16400/10 of March 23, 2011, of the Presidium of the Supreme Arbitration Court of the Russian Federation

 

PROBLEM

Kuznetsova L.V. Trends of Judicial Practice Concerning Insurance
The review of main problems in applying the insurance law shows that the courts demonstrate less formalized approach, in particular, to insure goods in circulation, evaluate the reasons for insured accident and the consequences of insurance risk increase during the term of agreement.
Keywords: law enforcement, judicial practice, insured interest, insured accident and property insurance.
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IN BRIEF

Kukhta M.I. Insured Accident: Judicial Practice Concerning Insurance Disputes
The review of trends and issues of judicial practice on insurance disputes by Maxim Ivanovich Kukhta, Head of the department for analysis and systematization of law at the Arbitration Court of Moscow.
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PRIVATE LOOK

Dedikov S.V. Insurance Product
Customers of insurance companies often have difficulties to understand the conditions of a standard insurance product which description may contain many pitfalls. The article offers a new approach to providing services to the insured, i.e. a flexible insurance product which the insured may generate independently on the basis of several options of detailed insurance terms.
Keywords: insurance product, insurance police, motor insurance, hull insurance, beneficiary
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Rassokhin V.V. Freedom of Contract of Obligatory Motor Third Party Liability Insurance
The author shows that a combination of indemnity to the injured person and insurance of property interests of the insured party results in discrepancies in obligatory insurance. One way to minimize the associated negative effects is to expand the permissive rule governing the relations under obligatory insurance.
Keywords: civil liability, freedom of contract, OMI, insurance rules, carrier
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Romanovsky S.V. Specifics of Hearing Insurance Disputes in Regular Courts
The author reviews the history of the Consumer Protection Law application to insurance disputes and looks at the requirement categories and criteria to define the jurisdiction of insurance disputes, the procedure for preparing suits and their possible content, and the list of circumstances to be defined by court.
Keywords: consumer protection, insurance coverage, litigation, insurer, insurance case
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Korayev K.B. Definition of Post-Bankruptcy Creditors in Bankruptcy Cases
According to the author, the law provides insufficient criteria to define post-bankruptcy creditors of a bankrupt. He proposes to legally establish more precise additional features of current payments. This will exclude extending of the substantive competition law to the procedure of making such payments.
Keywords: current director, debtor, bankruptcy procedures, current payments
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LAW ENFORCEMENT OF CURRENT INTEREST

 

 

ASSOCIATION OF LAWYERS OF RUSSIA

 

 

SCIENTIFIC SCHOOL

M.N. Marchenko “We Aim to Teach Thinking”
Mikhail Nikolayevich Marchenko , professor, head of department for theory of state, law and politics of Lomonosov Moscow State University, told the School of Thought about the future of judicial precedents, the defects of Bologna system and the best books on the theory of law.
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