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ARCHIVE FOR 2012    RUSSIAN

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Октябрь 2012

CONTENT

 

 

EDITOR’S COLUMN

 

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A.O. Rybalov Overview of Building Tenancy Provisions
The reform of the Civil Code of the Russian Federation is expected to extend the scope of interests, including building tenancy. The author analyzes the structure of this right by comparing it to superficies in several foreign laws and in the Russian law before 1917.
Keywords: building leasehold, superficies, tenancy, limited interest
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D.I. Stepanov, V.A Fogel, H.I. Shramm Corporate Agreement: Approaches in Russian and in German Law to Certain Issues of Regulation
This article provides a comprehensive comparative legal study of the institution of corporate agreement, which is new for Russian civil law. The authors examine the approaches adopted in Russian and in German law in relation to the nature, contents, consequences of conclusion and violation of its provisions, and forms of corporate agreement, as well as many other issues.
Keywords: corporate agreement, shareholder's agreement, corporate relations
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A.A. Gromov Acceptance on Different Terms: Russian Approach in the Context of Foreign Experience
Today’s economic conditions and peculiarities of the contracting process require establishing exceptions from the classic rule saying that there should be a mirror correspondence between acceptance and offer. The author analyzes the conditions, when acceptance with minor modifications or acceptance with significant modifications should be allowed.
Keywords: acceptance, offer, conclusion of contract, performance of contract
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M.V. Bando Dissemination of Slanderous or Defamatory Information in Official Applications
In cases dealing with the protection of honour, dignity and business reputation damaged by an official application within the public authorities, the ultimate fact differs from that in cases with a different cause of such damage. It is connected with the fact that in such cases the presumption of damage does not apply.
Keywords: protection of honour, dignity and business reputation; abuse of right; fact in issue
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Overview of legal views of the Presidium of the Supreme Commercial Court of the Russian Federation on matters of private law
This overview describes legal views contained in resolutions of the Presidium of the Supreme Commercial Court of the Russian Federation posted to its website at www.arbitr.ru in August 2012. This overview is prepared by the Private law department of the Supreme Commercial Court of Russia for reference only and does not constitute an official position of the Supreme Commercial Court of Russia. To find out this position, please refer to the text of relevant resolutions.

 

RESOLUTIONS AND DECISIONS OF THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION