Журнал ЗАКОН

The article represents a comprehensive study of the law-making activity of the Supreme Commercial Court of the Russian Federation. The authors propose solutions to optimize the judicial law-making activity and to improve its efficiency.

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Keywords: judicial law-making, precedent, legal position of the Supreme Commercial Court of the Russian Federation

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.

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Keywords: duty to act in good faith in the course of pre-contractual negotiations, liability under culpa in contrahendo, competition of claims

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.

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Keywords: enforcement of court decision, anti-enforcement injunction, lawsuit against enforcement, general prevention

The article covers the institute of astrente in foreign civil law, considers its virtues and shortcomings. The authors conclude that reception of the institute of astreinte in the Russian legal system is only possible in close connection with the development of practice on compensation of loss caused by failure to enforce a court decision.

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Keywords: enforcement of court decision, damage, liability, comparative law

The last part of the commentary is dedicated to the procedural aspects of resolution of disputes between a creditor and a debtor or surety, as well as to issues arising from bankruptcy of both the debtor and the surety.

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Keywords: surety, collateral estoppel, bankruptcy of the surety