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ARCHIVE FOR 2014    RUSSIAN

Февраль 2014

CONTENT

 

 

FREE TRIBUNE

A.A. Kuznetsov Contestation of Major Transactions and Related Party Transactions: General Observations
The article is an attempt to prove that the rules of contesting major transactions and related party transactions are special cases according to clause 1 and clause 2 of Art . 174 of the Civil Code of RF respectively. At the same time unjustified distinction of corporate law and Art. 174 of the Civil Code of RF are criticized in part of facts to be proved, and apportionment of the burdens. Inconsistency of the traditional Russian law confusion of major transactions and related party transactions is also discussed in the article. The author proposes to consider the rules on related party transactions as the development of rules restraining a representative to settle transactions in respect of himself (clause 3 Art. 182 of the Civil Code of RF).
Keywords: major transactions, related party transactions, transactions of representative to the detriment of representee, transactions of the representative in violation of procedure for exercising the power, transactions of representative in respect of himself
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Ye.A. Krashennikov, Yu.V. Bagusheva Spontaneous agency
The article investigates the spontaneous agencies. It reviews the pre-effect of unauthorized person’s transaction, the approval and denial of approval of this transaction, as well as the problems of procedural spontaneous agency.
Keywords: spontaneous agency, law condition, precarity, the right of expectation, approval, denial of approval, procedural spontaneous agency
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O.A. Zharkova Cadastral Registration of Real Estate Property
This article is an analysis of the problems arising due to the introduction of cadastral registration of real estate property on January 01, 2013. According to the author, the main problem is the inconsistency of the civil law, regulating provisions on real estate, the law on cadastral registration, state registration and planning legislation. Contradictions between the standards of these branches have generated, in particular, the problem of interrelation of the technical plan of the real estate property and permit of commissioning of the capital construction facility, the technical plan and technical passport, registration of leases part of the property, etc.
Keywords: technical plan, technical passport, permit of commissioning of the rental property, cadastral registration of objects, objects of civil rights
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G.S. Vasilyev On Definition of Major Repairs in Legislation and Judicial Practice
On Definition of Major Repairs in Legislation and Judicial Practice” The author analyzes the definition of ‘major repair’ presented in clause 14.2 Art. 1 of Urban Development Code of RF and distinguishes it from the concepts of current repair and renovation.
Keywords: major repair, urban development, current repair, renovation
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Review of legal opinions of RF SAC Presidium concerning individual rights
The review describes the legal positions contained in the regulations of SAC RF, posted on this site: www.arbitr.ru, in December 2013. The review has been prepared by the personnel of individual rights bureau of SAC RF for information purposes only, and it is not an official position of SAC RF. Refer the text of the Presidium of SAC RF itself to ascertain this position.
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

 

 

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