A. V. Asoskov Determination of the rule to be applied to the form of transaction
The article examines approaches to the conflict-of-law regulation in respect of the form of transactions. Special emphasis is laid on the sweeping changes that were introduced to the Article 1209 of the Russian Civil Code by the Federal Law № 260-ФЗ of 30th September 2013. Author analyses the changes taking in light of the gained foreign experience.
form of a transaction, point of contracting, lex contractus, conflict-of-law rule, private international law.
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R. I. Sayfullin Subsidiary pledge: exercising issues of creditor’s rights after the end of the primary debtor bankruptcy proceedings
The article presents research of problems arising of creditor’s claim of subsidiary pledge. Author thinks of such pledge forms where the condition to claim against the subsidiary debtor is based on the complete carrying out of debt recovery procedures regarding to the primary debtor (pledge under the condition of indemnity) as of one being in need of conceptional reforming. Now this guarantee does not functioning according to the rules stated in § 5 chapter 23 of the Russian Civil Code “About Guarantee” in view of weak accessory connections to the primary debt.
subsidiary pledge, subsidiary responsibility, ranking principle, soft and strict conditions of subsidiarity, pledge under the condition of indemnity
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
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