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ARCHIVE FOR 2013    RUSSIAN

Апрель 2013

CONTENT

 

 

FREE TRIBUNE

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).
Keywords: 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.
Keywords: 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.
Keywords: tort law, fault-based liability, no-fault liability, grey zone, increasing degree of diligence, reverse burden of proof
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D.I. Stepanov, T.S. Boyko Reacquisition of shares from shareholders at their request and the mandatory offer in the judicial practice
This is a comment to separate provisions of the draw resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation On Introduction of Amendments to Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 19 of November 18, 2003 On Some Issues concerning Implementation of the Federal Law On Joint-Stock Companies (in the part of reacquisition of shares and application of chapter XI.1).
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R.S. Bevzenko The subsequent part of comments concerns the analysis of the legal views of the Supreme Arbitration Court of the Russian Federation on the matters of guarantee termination.
Novelty of the judicial practice in the sphere of guarantee. Comments to resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 42 of July 12, 2012 On Some Issues concerning Settlement of Discusses related to Guarantee.
Keywords: guarantee, termination of liability
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 13 of January 25, 2013
On Introduction of Amendments to Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 73 of November 17, 2011 On Separate Issues concerning Application of Provisions of the Civil Code of the Russian Federation on Leasing Agreements

 

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 16 of February 15, 2013
On Introduction of Amendments and Additions to Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 67 of December 20, 2006 On Some Issues concerning Application of Legislation Provisions on Bankruptcy of Absent Debtors and on Cancellation of Inactive Legal Entities, as well as to Resolution No. 91 of December 17, 2009 On Procedure for Repayment of Expenses in Bankruptcy Case

 

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Informational Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 153 of January 15, 2013
Review of the judicial practice on some issues concerning protection of owners' rights against any breaches not related to the dispossession

 

Informational Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 154 of February 14, 2013
On composition of a court when considering a claim on exemption of information concerning non-commercial organization from the Unified State Register of Self-Regulatory Organizations of Arbitration Managers

 

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