ARCHIVE FOR 2012 RUSSIAN
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Апрель 2012
CONTENT
EDITOR’S COLUMN
FREE TRIBUNE
Rybalov A.O. Antichresis – Mortgage Security With Transfer Of Possession Antichresis is a legal lien for fixed property, which is granted to a creditor under principal obligation and allows him to use the item and get its profits all the way to a repayment of a debt. Such method of securing the performance of obligations is known, in particular, to civil legislations of France, Italy, Spain and many Latin America countries.
Keywords:
antichresis, lien, (possessory) pledge, mortgage, security for the performance of obligations, law of things
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Karapetov A.G., Savelyev A.I. Freedom Of Concluding Innominate Contracts And Its Limits The authors suggest a methodology for classification of a contract as ‘innominate’ and determine the norms that regulate such contracts. Special attention is paid to the issues of application to innominate contracts of special norms for named contracts by analogy with law, as well as to the consequences of concluding innominate contracts with the purpose of law avoidance.
Keywords:
Freedom of a contract, innominate contract, classifying norms, analogy by law, avoidance of law
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Lomakin D.V. Economic Partnerships And Parallel ‘Reform’ Of The Civil Legislation Legal organizational form of economic partnerships, the Law on which is coming into force as of 01.07.2012, provides to the participants full freedom in determining of the management procedures over the partnership, including those with the possibility of third parties’ participation in management, but at the same time it does not impose on them responsibility for the partnership’s debts. Such structure has no analogues in the developed legal orders, does not correspond to the principles of the Russian Companies law and the Russian Federation Civil Legislation Development Concept.
Keywords:
economic partnership, legal entities, reform of the civil legislation
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Panova I.V. Problems of Administrative Case Hearings In the first part of the article the author covers substantive problems of the legislation on administrative responsibility that are topical for judicial and arbitration practice.
Keywords:
administrative disputes, administrative responsibility, licensure, competition protection.
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Overview Of The RF SCC Presidium Legal Views On The Issues Of Private Law The overview provides the description of legal views contained in the decrees of the RF SCC Presidium, placed on the web-site www.arbitr.ru in February 2012. The overview is prepared by the employees of the RF SCC Private Law Department for information purposes only and is not the official RF SCC position.
MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
RESOLUTIONS AND DECISIONS OF THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION
