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ARCHIVE FOR 2016    RUSSIAN

Апрель 2016

CONTENT

 

 

 

Alexey Sharon Collection of Foreign Currency Debt by Bailiffs: Who Covers Exchange Difference?
Case comment on the judgment of RF SC No. 305-ЭС15-12542, 8 February 2016
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Elena Povetkina Damage (Losses) Caused by an Apprisal: Should the Appriser be Liable?
Case comment on the judgment of RF SC No. 310-ЭС15-11302, 22 December 2015
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Maria Belova Loss of Profits Recovery in the Art Pictures Group LLC Case
Case comment to the judgment of RF SC No. 305-ЭС15-9673, 24 February 2016
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FREE TRIBUNE

Sergey Budylin Tort or Breach of Contract? Representations and Warranties in Russia and Abroad
The second part of the article is devoted to the concept similar to Anglo-American warranties and representations existing in other countries, such as Germany and Russia. The recent Russian reform introducing the notion of the «representation of fact» into the Russian Civil Code is critically appraised. Suggestions are made on how to interpret the vague novel provisions, taking into account the foreign experience.
Keywords: warranty, representation, Germany, DCFR, Russia, Civil Code of Russia
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Dmitry Kopylov Financial Assistance to the Third Parties in the Acquisition of the Company's Shares
This article deals with the institute of financial assistance. This institute can be found in the corporate legislation of many states, including those falling within the category of most economically developed, but it is unknown to the Russian corporate legislation. Respectively, the question to which we will attempt to give an answer is whether it is required to include financial assistance provisions into the Russian corporate legislation and, in the case of the affirmative answer, how those provisions should look like. In order to answer this question, we will provide a comprehensive review of the foreign (including supranational) legislation as well as analyze arguments provided in favor of introducing the special regulation of financial assistance transactions.
Keywords: financial assistance, corporate law, corporate governance
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Evgeny Razdyakonov, Igor Tarasov, Sergey Khalatov Current Issues of the Reimbursement of Court Costs: Commentary on the Ruling of the Plenum of the Supreme Court of Russia
The article comments all items of the Ruling of the Plenum of the Supreme Court of the Russian Federation No. 1 of 21 January 2016 «On Some Issues Relating to the Application of Laws on the Reimbursement of Court Costs». The document is analysed from both academic and practical viewpoints. The Supreme Court's approach is compared with the rules on reimbursement in the Arbitrazh Procedure Code, Civil Procedure Code and Administrative Procedure Code.
Keywords: court expenses, court costs, attorney fees, parties in the case
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