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ARCHIVE FOR 2015    RUSSIAN

Июль 2015

CONTENT

 

 

Sergey Ovsyannikov Discussing Legitimacy of a New «Tax on Dachas»
Case comment on the judgment of RF SC № 305-КГ14-9101, 18 May 2015
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Vsevolod Baybak Assignor’s Liability for the Validity of the Assigned Right
Case comment on the judgment of RF SC № 304-ЭС14-8595, 8 June 2015
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Aleksandr Latyev Granting Construction Permit: Fiat Justitia — Pereat Mundus
Case comment on the judgment of RF SC № 309-КГ15-209, 16 June 2015
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FREE TRIBUNE

Alexey Filippov Bankruptcy of a Debtor Undergoing Liquidation: How It Works
In this (second) part of the article the author discusses main actions that are performed by debtors in the course of preparation for liquidation and bankruptcy. He assesses importance and necessity of these actions for ensuring control over bankruptcy proceedings and for minimisation of risks occuring in bankruptcy. This analysis should help potential creditors and debtors protect their interests during bankruptcy proceedings and prevent mistakes, which lead to negative consequences and losses. The author also proposes his view of the nature of bankruptcy, which is based on the analysis of foreign experience.
Keywords: streamlined bankruptcy, bankruptcy of a debtor in liquidation, lack of debtor’s assets, preparations for bankruptcy
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Vladislav Savinykh Discussing Section 2 of Article 555 of the Civil Code of the Russian Federation with Regard to Problems Related to Cadastral Value and the Principle of Ownership Unity
The article analyses rationale for section 2 of article 555 of the Civil Code of the Russian Federation, which states that the price of a building by default includes the price of the land beneath it. Based on the results of a price survey, the author argues that built-up areas are not circulable and do not have any individual market value. The author suggests that land which has not been assigned any individual price is excluded from the market since it is considered to form a single object of ownership with a building on it. The author concludes that the principle of ownership unity presents section 2 of Article 555 in a new light, proving that it is not merely a technical provision, but a clear evidence of an unbreakable legal bond between a building and the land beneath it. In addition the author examines the question of cadastral costs of a build-up land and discusses possibilities of its application.
Keywords: principle of ownership unity, value of developed land, object of circulation, cadastral value
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Sergey Pokrovskiy Secondary Liability: Problems of Its Regulation and Application
This work analyses the concept of secondary liability developed in the article by V. Savinikh “Secondary Liability: Economic Contents and Legal Essence”. The author examines legal cases of secondary liability from the point of view of tort elements and identifies common features of the relations which are required for its existence. In addition the author suggests his own understanding of this type of liability. Finally, this article examines certain drawbacks of tort elements, namely those ones that may cause difficulties when applying secondary liability in practice.
Keywords: secondary liability, tort, tort elements, tortfeasor, subject matter of a tort
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Vadim Belov Problems of Business Inheritance
The article analyses some provisions of the Draft Law No. 801269-6 proposed to the State Duma by its member P.V. Krasheninnikov. The main focus of the article — the new provisions that shall add to the Russian Civil Code certain legal instruments to save a business after the death of the person who controls it (businessman, entrepreneur, oligarch). Although it is beyond any doubt that this idea is good, the author has mixed feelings about its realization in the Draft Law.
Keywords: inheritance, will, inheritance contract
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