ARCHIVE FOR 2015 RUSSIAN
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Декабрь 2015
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Alexander Kuznetsov, Denis Novak Issues of Corporate Law in the Ruling of the Plenum of the Supreme Court of the Russian Federation No. 25, 23 June 2015 The article comments on the corporate law issues in the recent Ruling of the Plenum of the Supreme
Court of the Russian Federation No. 25 «On Application of Certain Provisions of Section I of the
First Part of the Civil Code of the Russian Federation by the Courts», 23 June 2015. The authors
reveal motives that underline position of the Supreme Court on various issues and demonstrate their
connection with the ongoing large-scale reform of the Civil Code of the Russian Federation. Topics
under discussion are, inter alia, such new institutes as the unrestricted authority of the director (CEO),
derivative action, exclusion of a shareholder, winding-up remedy, corporate restructuring etc.
Keywords:
legal entity, corporate law, derivative action
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Andrey Shirvindt Current Issues of Agency (Representation) The paper provides a commentary on the recommendations on agency (representation) by the
Supreme Court of the Russian Federation. The author seeks to trace back the history and to identify
the causes that initially led to the elaboration of each solution. Then he compares the actual solutions
with the previous ones, those to be found in the recommendations by the Supreme Arbitrazh Court
of the Russian Federation among them, and shows to what extent they are related to the reform
of the Russian Civil Code. Moreover, the author makes an attempt to reveal the grounds of each
solution and to make clear their respective spheres of application. The main topics of the analysis are
unauthorized agency, agency by estoppel, plurality of agents, representative offices and branches,
extinction of the agent’s authority and its consequences.
Keywords:
agency, authority, power of attorney
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