V.V. Baybak Causal connection as condition for contractual liability: comparison and adjudication
The article presents a study of one of the key conditions for incurrence of contractual liability which is the cause and effect relationship between the breach of contract and creditor’s losses. Author considers the main approaches to identification of legally relevant cause and effect relationship used in various legal orders and in the international practice. Also situations of existence of several rows of cause and effect relationships are discussed and solutions occurring as the most effective for such cases are suggested.
cause and effect relationship, contractual liability, losses
B.V.Tatlybaev Recovery of damages inflicted by insider trading: proper plaintiffs and liability concepts
Modern Russian law provides only criminal or administrative liability for misuse of insider information (insider trading). Mechanism of bringing the insiders to responsibility for losses inflicted by the insider trading is not present in the Russian law. The article provides analysis of theories (concepts) of civil liability for losses inflicted by insider trading being used in foreign jurisdictions as well as the analysis of the (financial) market stability theory. Author analyses eventual paths for development of the Russian legislation due to the prism of intercepted concepts of investors’ rights defense against the insider trading.
insider trading, damages, civil liability
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Survey of legal positions of the Presidium of the Supreme Commercial Court of the Russian Federation concerning private law
The survey presents a description of the legal positions containing in resolutions of the Supreme Commercial Court of the Russian Federation published on the web-site www.arbitr.ru in April 2014. The survey is prepared by the staff of the Private law board of the Supreme Commercial Court of the Russian Federation exclusively serving the informational purpose and not being the official position of the Supreme Commercial Court. For substantiation of such official position please refer directly to the text of the resolutions of the Supreme Commercial Court of the Russian Federation.
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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