A.I. Savelyev Urgent Questions related to the Judicial Practice in the sphere of software distribution in Russia
This article includes the review of the Russian judicial practice concerning the software distribution issues. It discusses the problems related to the classification of agreements mediating such distribution (pledge agreement, trust agreement, agreement on leasing a program within the software and hardware package, software development contract, and license agreement), as well as analyzes the most important terms and conditions of such agreements and their judicial interpretation. Besides, this article highlights the particular tax aspects of the software distribution (the practice in application of art. 149 §2 (26) of the Tax Code of the Russian Federation).
application software, license agreement, software distribution
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A.V. Ageev Potestative Conditions in the French Civil Law
The author studies the theory and the practice in application of rules of the French Civil Law on potestative conditions. His study has resulted in the criteria to classify the conditions as a potestative ones, and the author has concluded that the liability under the potestative condition should be considered to be invalid unless there is another way to protect a creditor's rights.
conditional promise, deal made on condition, potestative condition
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Je Wu Li Co-relation of fault-based and no-fault liabilities within the framework of tort liability
The author scrutinizes the classical theories on co-relation of fault-based and no-fault liabilities within the framework of tort liability. The main theories developed in the Soviet and Russian legal literature believe that a clear demarcation line between the fault-based liability and no-fault liability. To rebut this point of view, the author presents an alternative approach supported by leading corporatists. According to this alternative approach, the co-relation of these two kinds of liability has relational nature. In confirmation of this approach the author performs the rather-legal analysis of the theories and the judicial practices of different countries.
tort law, fault-based liability, no-fault liability, grey zone, increasing degree of diligence, reverse burden of proof
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
RESOLUTIONS AND DECISIONS OF THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION