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ARCHIVE FOR 2013    RUSSIAN

Май 2013

CONTENT

 

 

FREE TRIBUNE

D.I. Stepanov Dispositive Nature of Contract Law Rules. To the Concept of Reforming General Contract Law Provisions of the Civil Code of the Russian Federation
The author of the article substantiates the necessity to provide a legislative recognition of the presumption of dispositive nature of contract law rules. The author suggests the mandatory rules to be stipulated in every law and the courts to be granted with the right to reveal mandatory provisions of the contract law. In debates the author advances an argument previously unknown to the national law, according to which it is much easier to avoid any legislator’s or other law-givers’ mistakes through maximum use of discretionary rules than to correct them post factum. In this case dispositive nature of contract law rules solves a dual task: it develops genuine freedom of contract while increasing contractual discipline among businessmen and enables implementation of the desired legislative policy without excessive imposing on individuals.
Keywords: presumption of dispositive nature, imperative nature of contract law rules, freedom of contract, regulation of economic activity, regulator’s errors, reform of the Civil Code of the Russian Federation
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E.A. Krasheninnikov, Yu.V. Baygusheva Execution of a Contract
The authors analyze the concept of contract and issues related to its execution. Particular attention is paid to general characteristics of the contract.
Keywords: volitional activity, constituents of contractual wills, offer, acceptance, contract in general
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N. G. Eliseyev The Right of a Third Party Without Independent Claims to the Subject Matter of the Dispute to Enter into the Settlement Agreement
The article reviews the practice of application of the procedural rule excluding the right of a third party without independent claims to the subject matter of the dispute to enter into a settlement agreement. On the basis of comparative law and system analysis of the rule described the author comes to the conclusion on legality of concluding a settlement agreement with a plaintiff, a defendant and a third party.
Keywords: settlement agreement, freedom of contract, third party without independent claims to the subject matter of the dispute, dispute settlement
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L.A. Novoselova, M.A. Rozhkova On Expert Advice in Proceedings in the Court for Intellectual Property Rights
The article analyzes the legal basis of involving an expert as a new procedural participant in the arbitration proceedings. The authors assess the role of the expert in proceedings in the Court for intellectual property rights.
Keywords: Court for Intellectual Property Rights, expert, expert advice, arbitration proceedings
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R.S. Bevzenko Judicial Practice Innovations in the Field of Surety. Commentary to Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 42 of July 12, 2012 On Some Issues of Resolution of Surety-Related Disputes’
In this part of the commentary the author highlights issues of consequences of invalid surety, correlation of surety and del credere, as well as special features of surety for bond.
Keywords: surety, del credere, bond
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Review of legal positions of the Presidium of the Supreme Commercial Court of the Russian Federation on issues of private law
The review provides a description of legal positions taken by the Supreme Commercial Court of the Russian Federation in its rulings available on website www.arbitr.ru as of May, 2013. The Review is elaborated by officers of the Supreme Commercial Court of the Russian Federation Private Law Department for informational purposes only and cannot be regarded as an official position of the Supreme Commercial Court of the Russian Federation. To establish the official position of the Supreme Commercial Court of the Russian Federation the referral to the text of regulations remains essential.
Keywords: lease agreement, state registration of the contract, amendment to the contract

 

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

 

Information Letter of the Presidium of the Supreme Commercial Court of the Russian Federation No. 156 of February 26, 2013
Review of Commercial Court Practice in Cases Concerning the Application of Public Policy as a Ground to Refuse Recognition and Enforcement of Foreign Court Decisions and Foreign Arbitral Awards

 

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