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ARCHIVE FOR 2014    RUSSIAN

Август 2014

CONTENT

 

 

FREE TRIBUNE

 

E.A. Ostanina Transfer of debt without consent of the primary debtor – cui prodest?
The article focuses on the changes of rules of debt assignment under business obligations. A conclusion has been drawn about the danger of evasion of cession ban without consent of the debtor predetermined by the debt cession ban contract. Characteristics of the main ways for remedy and protection of legal interests of the subjects of entrepreneurial obligation in the case of transfer of debt without consent of the debtor is given in the article.
Keywords: transfer of debt, assignment
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K.A. Usacheva On the question of setting of the cut-off price at the disposal of pledged property of a bankrupt
The article presents an attempt of analysis of particular issues combined with setting of the cut-off price in the Regulation on the disposal of pledged property of a bankrupt. Thus in particular is reasonability and acceptability of setting of such threshold upon reaching of which public offering (tender) stops as well as a question about what happens after the stop of disposal of pledged property after cut-off price is reached.
Keywords: cut-off price, disposal of pledged property of a bankrupt
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U.V. Tai, T.F. Arabova, V.L. Burdon Judicial disqualification as a guarantee of courts independence
On the basis of analysis of contemporary and pre-revolutionary domestic law as well as of laws of certain foreign countries authors consider insufficiently explored issues of judicial disqualification procedure in arbitral process such as court chairman’s rejection, adversarial principle specifics when considering motion to disqualify a judge, responsibility for misuse of right on motion for disqualification.
Keywords: judicial disqualification, adversarial principle, misuse of rights
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 06.07.2014 № 37.
To the alteration to the Plenary Resolutions of the Supreme Commercial Court of the Russian Federation regarding the issues combined with current payments.

 

INFORMATION LETTERS 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

Resolutions of Presidium of the Supreme Commercial Court of the Russian Federation
To declare a contract of guarantee invalid due to the Article 10 and 168 of the Russian Civil Code court has to make findings of fact of an inequitable conduct (misuse of rights) of both pledger and creditor on obligation with guarantee.