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ARCHIVE FOR 2013    RUSSIAN

Февраль 2013

CONTENT

 

 

EDITOR’S COLUMN

 

FREE TRIBUNE

Krasheninnikov E.A. Protection of the law-provided interests by converting the rights and obligations
By exploring the question on the subject of judicial protection, accomplished by converting the rights and obligations, the author comes to the conclusion that such acts are not subject to subjective rights, but is the interest protected by the law.
Keywords: conversion of rights and obligations, transformative claim, a legally protected interest

 

Budylin S.L. Reason and good conscience: obligations of the director in the U.S.A., UK, Russia
The author analyzes the legislation and jurisprudence of the United States, Britain and Russia on the question of fiduciary responsibilities of the CEO. In Russian law the institute of management responsibility for damages caused to the company, is developed not enough, but recently it has been developed in the legal positions of the Presidium of SAC of the Russian Federation.
Keywords: director's responsibilities, fiduciary duties, good faith, protection of shareholders
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Bevzenko R.S. Amendments of the judicial practices in the guarantee field. Commentary to the Decree of the Plenum of SAC of the Russian Federation of July 12, 2012 № 42 "On some issues of dispute resolution related to the guarantee"
The fourth part of the comment is devoted to the questions of joint and separate collateral security, as well as the problems of the lender's and guarantor's competition, that had partially fulfilled their obligations as mortgagees.
Keywords: guarantee, co-surety, solidaritet, pledge
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Teplov N.V. To be or not to be the pledge of goods in circulation? Comment to the definition of the case transfer to the Presidium of SAC of the Russian Federation of October 8, 2012 № ВАС-10292/12
In the determination commented there are two approaches to the design of the pledge of goods in circulation. According to the first one the pledge arises at the time of the contract conclusion, and according to the second one - at the moment of crystallization of its subject matter. The author refers to the foreign experience and gives his opinion on this principle question.
Keywords: pledge over goods in circulation, floating support, firm pledge
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Overview of the legal positions of the Presidium of SAC of the Russian Federation regarding the private law
The review provides a description of the legal positions contained in the regulations of SAC of the Russian Federation located in the website www.arbitr.rufrom November 2012. It was prepared by the Office of Private Law of SAC of the Russian Federation for informational purposes only and is not an official position of SAC of the Russian Federation. In order to establish the content of such a position one should apply directly to the text of the regulations.

 

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