Magazine content за Ноябрь 2012 г.
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Ноябрь 2012







E.A. Krasheninnikov, Y.V. Bajgusheva Termination of powers
The authors analyze the grounds, according to which the power is terminated, and explore the relationship of the parties, arising after termination.
Keywords: grounds for termination of the powers, substitution, irrevocable authorization, posthumous authorization, approval of transaction of an unauthorized person
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R.I. Sajfullin Restoration of obligation from the guarantee as a consequence of challenging of the transaction in bankruptcy
Bankruptcy laws allow challenging not only binding debtor’s transactions, but also actions aimed at their performance. As e result of such challenge the obligation is restored, that generates a lot of practical and theoretical problems. The article investigates the issues of guarantee restoration in cases of bankruptcy of a principal, guarantor and creditor.
Keywords: guarantee, bankruptcy, restoration of obligation
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M.A. Rozhkova On exclusiveness of supervision stage and basic properties of supervision definitions SAC RF
The author defends the notion, according to which the definitions of SAC RF judicial panels on refusal to transfer the case to the Presidium SAC RF may not have meanings of acts, that form the judicial practice, and therefore their statement of reasons should be limited to indication to absence of grounds for supervisory review of a judicial act.
Keywords: supervisory procedure, definition of arbitration court, supervisory definition, filtering step of supervisory appeals
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R.S. Bevzenko Novelties of judicial practice in the field of surety ship. Comment to the Resolution of the Plenum SAC RF of July, 12, 2012 № 42 «Concerning some issues of disputes resolution related to surety ship»
The first part of comments is devoted to issues of legal nature of surety ship relationships. The author substantiates the approach selected by the Plenum SAC RF, according to which a guarantor undertakes independent obligation to a creditor, and stands not on the side of the debtor in the principal obligation.
Keywords: surety ship, transaction sub modo, obligations solidaire
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R.M. Khodykin Hybrid clauses on consideration of the dispute Comment to the Resolution of the Presidium SAC RF of June, 19, 2012 № 1831/12
In commented Resolution the Presidium SAC RF stated legal position, according to which the clause in invalid, providing possibility for one of the parties to turn not only to arbitration tribunal, but to a state court. The author believes, such approach has neither doctrinal nor political-legal grounds.
Keywords: optional remark, arbitration clause, arbitration tribunal
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Review of legal positions of the Presidium SAC RF on private law issues
The review provides a description of the legal positions contained in the Resolutions SAC RF, placed on the Internet site in September The review has been prepared by the officers of the SAC RF Private law department only for informational purposes and is not an official position of SAC RF. In order to specify the content of such position one should apply directly to the text of the Resolutions.