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ARCHIVE FOR 2014    RUSSIAN

Сентябрь 2014

CONTENT

 

 

FREE TRIBUNE

 

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.
Keywords: 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.
Keywords: 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

Resolution of the Supreme Commercial Court Plenum of the Russian Federation of 11th July 2014 № 46
Concerning Application of Legislation on National Duty at Trials in Commercial Courts

 

Resolution of the Supreme Commercial Court Plenum of the Russian Federation of 11th July 2014 № 47
Concerning Certain Issues of Application of the Federal Law “Concerning the State Regulation of Production and Circulation of Ethyl Alcohol and Alcoholic and Alcohol-Containing Products and Restrictions of Alcohol Consumption (Drinking)” by Commercial Courts

 

Resolution of the Supreme Commercial Court Plenum of the Russian Federation of 11th July 2014 № 48
Concerning Alterations to the Resolution of the Supreme Commercial Court Plenum of the Russian Federation of 17th February 2011 № 12 “Concerning Certain Issues of Application of Commercial Procedure Code of the Russian Federation” of 27.07.2010 № 228-ФЗ “Concerning Alterations to the Commercial Procedure Code of the Russian Federation

 

Resolution of the Supreme Commercial Court Plenum of the Russian Federation of 11th July 2014 № 49
Concerning Alterations to the Records Management at Commercial Courts of the Russian Federation (first, appellate and cassation instance), accepted by the Resolution of the Supreme Commercial Court Plenum of the Russian Federation of 25th December 2013 № 100

 

 

Resolution of the Supreme Commercial Court Plenum of the Russian Federation of 18th July 2014 № 51
Concerning Certain Issues Arising at Trials with Participation of Organisations Providing Collective Management of Copyright and Associated Rights

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Information Letter of the Supreme Commercial Court Presidium of the Russian Federation of 1st July 2014 № 167
Recommendations for Use of Dispute Controversies Criteria for Trials at Commercial Courts of the Russian Federation
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RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION