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ARCHIVE FOR 2012    RUSSIAN

Декабрь 2012

CONTENT

 

 

FROM THE EDITORIAL OFFICE

 

INTERVIEW OF THE ISSUE

Chucha S.Yu. "The Simplified Procedure is not Enough in Order to Reduce the Court Load, the Active Use of Mediation and Implementation of Electronic Execution Proceeding is Required"
Chairman of the Moscow Arbitration Court Segrey Yuryevich CHUCHA answers the questions of Chief Editor of the magazine "Moskovskiy Yurist" Vladimir Bagaev.
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BUSINESS CHRONICLES

 

 

 

 

 

PROBLEM

Rasskazova N.Yu. The Analysis of Particular Provisions of the Ruling of the Plenum of the Supreme Court, Regarding Inheritance
The Plenum of the Supreme Court adopted a regulation on the practice of the inheritance norms application on 29 May 2012. The author analyses the most interesting and controversial provisions of this regulation. The author particularly attributes to such provisions the approach that differs from the one of the Supreme Arbitration Court of the Russian Federation to the issue of the influence of a debtor's death on suretyship relations as well as factual forming of new rules with regard to inheritance of a compulsory portion.
Keywords: inheritance, testamentary succession, suretyship, compulsory portion, disclaimer of inheritance in favour of other persons
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PRIVATE LOOK

Medvedev I.G. International Inheritance: Question of Competence and Applied Law
Ignoring the international law on inheritance legal relations, complicated with the foreign element, by a national law enforcement official is one of the actual problems of regulation of international inheritances. In order to solve this issue, the author offers methodology of conducting international inheritance case that implies the subsequent passing of three stages: classification of inheritance as the international one, choice of the applied law, and application of competent norms. During commission of actions within those stages, a number of questions arises, and their possible solutions are also offered in this article.
Keywords: International inheritance, competence, applied law, validity of testament
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Kopylov A.V. Evolution of Legate Institution in Civil Law
The principles of universal as well as singular succession are applied in the modern Succession Law. The example of the latter is testamentary refusal (legate) that existed even in ancient Rome Law. The distinctive features of legal regulation of legate institute in Roman private and modern Russian Civil Law are examined in this work.
Keywords: legate, testamentary refusal, devisor, legatee, vindicatory action, the Catonian Rule, quarta Falcidia, singular succession, obligation under quasi contract, preclusive term, legatee bequest, necessary legatee
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Rostovtseva N.V. Hereditary Succession: Doctrine and Practice
This article is dedicated to research of topical issues, arising in the law enforcement practice with regard to hereditary succession. The fundamental clarifications that can be found in Decree No 9 "On Judicial Practice on Inheritance Cases" d.d. 29.05.2012, adopted by the Plenum of the Supreme Court of the Russian Federation with regard to such issues have been analysed in this article.
Keywords: hereditary succession, inheritance relations, being somebody's dependant
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Harchenko S.V. Circulation of Bonds and Legal Consequences for Breaching of Bonds Obligations: Some Issues of Law Enforcement
This article is dedicated to the analysis of arbitration case materials on a claim of a holder of bonds against an emitter who failed to perform an obligation for the redemption of bonds. By the example of this case, the following is reviewed: special features of bonds obligations; some aspects of bond circulation; the possibility of creation of obligations between an emitter and a holder of bonds under the preliminary sales contract; legal consequences for breaching of bonds obligations. As a result of a research, the conclusions have been drawn that loan (bonds) obligations, stated by emission documents, will be terminated from the moment of sale of bonds to new owners, and the application of regulations of Article 524 of the Civil Code of the Russian Federation is unlawful by analogy with relations, connected with a circulation of bonds.
Keywords: responsibility of emitter, preliminary obligations sales contract, breach of obligations
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Novoselnov D.A. Notification about Transfer of Legal Claim and Pretence of Right: On a Legal Position in the Ruling of the Praesidium of the Supreme Arbitration Court of the Russian Federation d.d. 04.10.2012 No 5339/11
The analysis attempt of one precedent decision, made by the Supreme Arbitration Court of the Russian Federation, connected with the settlement of dispute on assignment has been made in this work. In this decision, the higher authority turns to problems that have not been properly developed in theory, but, nonetheless are very important for the right understanding of the assignment mechanism, - to problems on consequences of notification about assignment and its link with the transfer of a right.
Keywords: assignment, notification, pretence of right
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