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ARCHIVE FOR 2013    RUSSIAN

Ноябрь 2013

CONTENT

 

 

EDITOR’S COLUMN

 

FREE TRIBUNE

M.A. Tserkovnikov Grounds for the Seller’s Liability for Seizure of Goods from the Buyer
The article focuses on the problem caused by collision of the common approach to the seller's liability in cases of seizure of goods from the buyer and the traditional domestic law approach to recognition of the sale of other’s property as a void transaction.
Keywords: contract of sale, sale of other’s property, guarantee against eviction, seller's liability
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E.A. Ostanina Estoppel and Confirmation of a Transaction
The new edition of Article 166 of the Civil Code of the Russian Federation contains a prohibition to mala fide invoke the invalidity of a transaction (estoppel) and the rule on the possibility of subsequent approval thereof, including by the conclusive actions. The author compares the contents of these two rules and formulates conditions and consequences of their application.
Keywords: estoppel, confirmation of the transaction, voidable transaction, mala fides
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M.A. Rozhkova Intellectual Property: on Basic Concepts
The article reviews the concepts of intellectual property rights, exclusive rights, tangible media of intellectual property rights, personal non-property rights, a clear understanding of the above concepts being essential for the correct application of legal structures contained in Part Four of the Civil Code of the Russian Federation.
Keywords: exclusive rights, intellectual property rights, tangible media of intellectual property rights, personal non-property rights, intellectual property
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N.V. Teplov Pledge of Goods in Circulation: Concept Analysis in the terms of Floating Charge
In the second part of the article the author discusses the nature of the pledge of goods in circulation, its difference from the floating charge, correlation with the conventional mortgage and the pledge over future things, as well as analyzes certain problems caused by the lack of legal regulation on this type of security.
Keywords: pledge of goods in circulation, floating security, pledge over future things
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V.K. Aulov, Yu.N. Tuganov Principles and Lacunas of the Disciplinary Responsibility of Judges
The procedure for bringing judges to disciplinary liability lacks clear regulation in the Russian laws and in many ways remains inconsistent with the principles of public liability. The author substantiates the necessity to establish a comprehensive system of disciplinary proceedings characterized by a clear distribution of functions of participants therein: the defense, the prosecution and the decision-making authority.
Keywords: disciplinary responsibility of judges, principles of legal responsibility, disciplinary bench
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

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