E.A. Krasheninnikov, Yu.V. Baygusheva Duties Relative to Conduct of Pre-contractual Negotiations
Analyzing duties relative to conduct of pre-contractual negotiations, the authors differentiate the regulatory duty to act in good faith and the protective duty arising due to its violation and consisting in compensation of loss, the same as liability under culpa in contrahendo.
duty to act in good faith in the course of pre-contractual negotiations, liability under culpa in contrahendo, competition of claims
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D.B. Volodarsky To the Issue of Mechanism of the Debtor Protection from Unjust Impact of Judicial Act
According to the author, the execution of a valid court judgment after failure of material grounds for its enforcement shall be qualified as an ungrounded intrusion into the sphere of legitimate interests of a debtor. The latter shall be granted with a right of action against enforcement, material content and the functional orientation thereof rising from the rule of general prevention stipulated in the Civil Code.
enforcement of court decision, anti-enforcement injunction, lawsuit against enforcement, general prevention
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RESOLUTIONS AND DECISIONS OF THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION