Magazine Cover
Press to zoom

Buy a PDF

ARCHIVE FOR 2016    RUSSIAN

Февраль 2016

CONTENT

 

 

Leonid Bandorin Built-Up Area Development and Condemnation of Land Plots
Case comment on the judgment of RF SC No. 309-КГ15-5924, 27 October 2015
Buy a PDF

 

Sergey Budylin Case on Framework Agreement
Case comment on the judgment of RF SC No. 305-ЭС15-4533, 07 December 2015
Buy a PDF

 

Mikhail Zhuzhzhalov Could Penalty Payment to a Third Party be Recovered from the other Party to a Contract
Case comment on the judgment of RF SC No. 309-ЭС15-10298, 15 December 2015
Buy a PDF

 

Alexander Latyev The Case on the Immovable «Noah’s Arch»
Case comment on the judgment of RF SC No. 304-ЭС15-11476, 22 December 2015
Buy a PDF

 

Alexey Sizov Determination of Customs Value: Would the Court Practice Change?
Case comment on the judgment of RF SC No. 303-КГ15-10774, 23 December 2015
Buy a PDF

 

 

FREE TRIBUNE

Raul Sayfullin The Effect of the Settlement Agreement in the Bankruptcy of the Principal Debtor on the Obligation of Surety
According to recent case law, surety should be released from his liability when the principal debtor concludes a settlement agreement in bankruptcy proceedings and this agreement lightens the burden of the principal debt. The article argues that as a general rule such settlement agreements shall not affect the obligations of the surety. The author discusses possible exceptions to this rule (in particular, approval of the settlement agreement by the creditor; absence of grounds for demanding the surety to perform his obligations at the time of the approval of the settlement agreement). This opinion is based on extensive experience of the U.S. case law and some progressive ideas of Russian prerevolutionary civil law doctrine.
Keywords: settlement agreement, bankruptcy, suretyship
Buy a PDF

 

Dmitry Stepanov Russian Court Practice on Mandatory Tender Offers and Squeeze-Outs of Minority Shareholders
This essay provides detailed overview of current Russian case-law on mandatory takeover bids and minority freeze-outs governed by Ch. XI.1 of Russian Joint Stock Companies Act. The analysis covers court practice since those rules were first introduced to corporate statute till current days. As it becomes apparent from current case-law various cassation courts maintain different doctrines while dealing with a number of crucial legal issues related to mandatory offers and freeze-outs. However on core freeze-out issues court practice more stable and unified throughout most of court districts.
Keywords: voluntary offer for shares, mandatory takeover bid, minority shareholders, corporate control, damages
Buy a PDF

 

Ksenia Usacheva Limitation of the Restitution for Rescission of a Contract and Reforming the Law of Obligations in Europe
In recent years, many European legal systems started large-scale reform of the law of obligations aimed, in particular, at the problems of rescission of contract. The rescission may result not only in the termination of future obligations of the parties but also in the full restitution. The problem is, therefore, to determine cases in which such restitution should not follow the rescission of a contract. This issue has long been debated in European doctrine and was taken into account during the reform of the law of obligations in Europe. The problem of limitations of restitution is also important for Russian law because it is currently being reformed.
Keywords: restitution, rescission of contract, reform of French law of obligations, reform of Russian Civil Code
Buy a PDF