ARCHIVE FOR 2014 RUSSIAN
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Январь 2014
CONTENT
OFFICIAL SECTION
COURT PRACTICE
T.A. Guseynov On Some Topical Issues of Corporate Law Application The article presents an analysis and summary of the judicial practice on the following issues of corporate law application: the need for notarization of the binding agreement concerning sale of shares in a limited liability company, changing trends in the practice of bringing the director of organization to responsibility for damage, the signs of related transactions.
Keywords:
corporate legislation, binding agreement, executive transactions, related transactions, non-market conditions, director’s responsibility
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K.Yu. Lebedeva Amendment of Provisions of Substantive Law in Regard to Corporate Relations Regulation The article discusses fundamental innovations of the federal law draft suggested by the President of the Russian Federation. The law stipulates the change of general provisions of the Civil Code RF on legal entities. Particular attention is given to consolidation of the substantive law concepts and categories regarding corporate relations.
Keywords:
corporate law, corporate dispute, corporate body, corporation membership, corporation member’s rights and liabilities, supervisory authorities of corporation, corporate agreement
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K.V. Khramtsov Voting at General Meetings of Shareholders of Business Entities as Civil Rights Abuse The article deals with some of the issues arising in the arbitration practice of considering disputes related to appeal of decisions made by the supervisory authorities of business entities. Based on doctrinal definition of the good faith category, the author concludes that the voting at general meetings of the business entities can be assessed as an abuse of rights.
Keywords:
good faith, abuse of right, limited liability company, joint stock company
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V.N. Prokhorov Features of Chargeback after Corporate Governance Restoration The article describes some of the features of the application of the Civil Code provisions concerning limitation in the resolution of disputes on chargeback after restoration of corporate governance, as well as the related issues of application of legal positions expressed in the Decrees of RF SAC Presidium No. 7981/10 dd. November 02, 2010 and No. 17912/09 dd. November 22, 2011.
Keywords:
corporation, corporate governance, chargeback, limitation
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Yu.V. Martynenko Mediation as a Form of Corporate Disputes Settlement The article is devoted to one of the alternative dispute resolution, the mediation procedure. The author analyzes the issues of applying this procedure in corporate disputes settlement. The article also presents perspectives of mediation development in the Russian Federation.
Keywords:
mediation, alternative forms of disputes settlement, примирительные процедуры, corporate disputes, corporate disputes settlement by means of mediation, corporate interests conflict
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THEORY AND PRACTICE
A.V. Milkov Towards Matter of Right of Action The article discusses approaches developed in civil law on the definition of the right of action (claims). The conclusion is made that this right cannot contain entitlement of someone’s own actions. It contains only the competence requirements of being able to authorize a person who has the right to gain enforced mandatory protection of his violated legal rights or legally protected interests from the court.
Keywords:
right of action, claim, matter of legal civil right, authority of claim, authority of self-action
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A.V. Dorkina Amendments of Civil Laws in State Registration of Rights on Immovable Property and Relevant Transactions The article analyzes the civil law innovations in the state registration of rights to immovable property and relevant transactions, including provisions for making a mark on objection of the registered right, the right of property owner to apply for state registration impossibility without his personal involvement, as well as on cancellation of transactions state registration, except for real estate rental contract.
Keywords:
civil laws amendments, state registration, immovable property, security and protection of proprietary rights
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