ARCHIVE FOR 2013 RUSSIAN
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Февраль 2013
CONTENT
INTERVIEW OF THE ISSUE
ON THE COURT
CASE OF INTEREST
Shchennikova L.V., Soshnikova M.P. New approaches to the invalidity of security transactions Most of the problems associated with the invalidity of security transactions derive from their accessory and restrictive interpretation by the courts of the principle of freedom of the contract. Analysis of the planned changes to the Civil Code of the Russian Federation and the recent acts of SAC of the Russian Federation indicate a tendency to the accessory weakening and limitation in the number of cases of the security transaction recognition as invalid, creating unfair advantage for the debtor. Another trend is the recognition of the right of the parties to provide unnamed ways of securing obligations, coming out from the freedom of contract principle; restrictions for annulment or retraining them to interim measures, specifically stated in Chapter 23 of the CC.
Keywords:
ways to ensure the fulfillment of the obligations, the invalidity of the transaction, the accessory, the freedom of contract principle, pledge, guarantee
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Yatsenko T.S. Antisocial transactions in judicial practice The article investigates the concept and features of antisocial transaction, analyzes the problems of application of Art. 169 of the Civil Code in judicial practice.
Keywords:
antisocial transaction, basis of law, the foundation of morality, the illegal trade, the confiscation
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ANALYTICS: FREE TRIBUNE
Borodinov V.V. Limits of the admissible impact on the neighboring land The author believes that a conflict of interests in the exercise of authority to use is the most severe in the neighborhood relations as well as the use of the rights of one person can lead to the infringement of the interests of his neighbors, under the estate in land. The specificity of neighborhood relations and consequent limitations in using real estate powers is manifested in determining the limits and extent of permissible impact on the neighboring property.
Keywords:
law of neighboring tenements, restrictions on authority, estate of freehold
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Kuzmina M.N. Disputes of the construction contracts, concluded under the procurement law The paper investigates the specifics of disputes arising at the conclusion, change, and execution of construction contracts concluded on the basis of the law on public procurement. Based on examples from the judicial practice of the Arbitration Court of Stavropol Territory the conclusions on the application of the law are made.
Keywords:
government contract, annulment of trading, the duty to contract, breach of obligations, refund of spare funds
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Dzhanaeva A.M. Restitution and unjust enrichment in public relations The article deals with a problem of narrow understanding in Russian law of such categories as restitution and unjust enrichment. Foreign experience shows the possibilities of the extension of these institutions to public relations, which seems appropriate also for the Russian law.
Keywords:
restitution, unjust enrichment, the Anglo-American law, public relations
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Ruhtin S.A. Reimbursement of the cost of legal services: U.S. Experience The author, by generalizing the experience of the United States, concludes that the inclusion of the cost of legal services in the legal costs that are recoverable by the losing party, fulfills the function of preventing of unscrupulous actors of the process, and of the need to meet the principle of respect for the court.
Keywords:
U.S. law, court costs, compensation for the cost of legal services
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