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ARCHIVE FOR 2013    RUSSIAN

Декабрь 2013

CONTENT

 

 

 

FREE TRIBUNE

A.V. Yegorov, K.A. Usacheva Subsidiary Liability for Causing Insolvency — Unsuitable Equivalent of the Western Doctrine of Removing Corporate Cover
Subsidiary liability for causing insolvency in the Russian legal order is designed to achieve the objectives pursued by the doctrine of removing corporate cover abroad. In this case, there is a conflict between the subsidiary and tort liability of controllers. Due to the fact that the subsidiary liability demonstrates a number of serious practical drawbacks and can lead to the actual abolition of the principle of limited liability for the debts of legal entity members, the tort liability institute deserves unequivocal preference.
Keywords: removal of corporate cover, controllers’ responsibility, tort liability
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A.O. Rybalov Some Matters of Generic Obligations
Generic obligations have been hardly studied Russian civilians, but this term is known in domestic legislation (liability of residential property to pay the expenses for major home repairs, the rent payer obligations, and some others). The author describes peculiarities of generic obligations and points out the problem of its size definition in case of ownership transfer.
Keywords: generic obligations, propter rem obligations, rent
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Krashennikova Ye.A., Baygusheva Yu.V. Membership Right
The authors explore the structure of the membership rights and its relation to other membership rights. The paper addresses the main issues of arising, implementation, transfer and termination of membership rights.
Keywords: membership right, voting right, relative right, tort claim
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A.I. Savelyev Use of Materials of Wayback Machine Internet-Archive as Evidence in Arbitration Proceedings
The article deals with the use of materials of Wayback Machine Internet archive in the arbitration proceedings as the evidence that some information is available on the Internet at a particular time. The author analyzes the problem of reliability of such materials and examines cases of judicial practice.
Keywords: Wayback Machine, printout (screenshots) of web-pages, written evidence, copyright protection on the Internet
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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