Anna Arkhipova Settlement Agreements in Obligatory Motor Insurance
Case Comment on the Judgment of the Chamber for Civil Cases of the RF SC
No. 78-КГ20-24-К3, 25 August 2020 and No. 53-КГ20-10-К8, 6 October 2020
The article compares two similar cases heard by the Supreme Court of the Russian Federation, where the court
surprisingly came to drastically different conclusions, allowing the plaintiff to contest the settlement agreement
on obligatory motor insurance in one case and denying it in the other case. The author comes to the conclusion
that it is, in principle, possible to apply the rule on mistake (art. 179 of the Russian Civil Code) where the insurer
failed to inform the beneficiary of the significant adverse legal effect of such settlement agreement. The problem,
however, is the lack of consistency on the issue of mistake in the court practice. There are many examples with
similar factual circumstances, where the rights of the customer of financial services are clearly violated, but the
court refuses to apply the concept of mistake.
insurance, obligatory motor insurance, insured event, mistake
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Alexander Safonov Foreclosure of the Only Housing in the Practice of the Constitutional Court of the Russian Federation
The Ruling of the Constitutional Court of the Russian Federation No. 15-П of 26 April 2021 recognises the
possibility of levying execution on a debtor’s only dwelling during bankruptcy proceedings. The article suggests
that foreclosure of the only housing can be done in at least two ways. The first is the sale of the luxury dwelling and
the purchase of a replacement dwelling. This is mentioned in the ruling. The second one, suggested by the author,
is the division of the luxury home. In addition, the author suggests specifying the criteria of executive immunity
(location of the dwelling, its size and its value) used in the ruling. In particular, it suggests to regulate by the law a
uniform normative size for the replacement housing.
insolvency (bankruptcy), personal insolvency, the executive protection, the only housing
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Alexander Maslov Voluntary Requirements for the Form of Future Transactions, Their Permissibility and Enforcement: In Search of an Adequate Model
The article examines the dogmatic and political-legal issues associated with the use in practice of conditions on
the form of transactions to be performed by the parties in the future. Possible approaches to the permissibility and
legal nature of such conditions and their ‘enforceability’ are described: the main arguments for and against each
of them are analysed and the relationship of the models to the general theoretical views on the transaction and
the form of transaction is demonstrated. As a result, the author concludes that the most balanced approach is the
model of the following presumption: a transaction committed contrary to previously established requirements on
its form shall be invalid unless the parties’ intention to waive the requirement is proved at least ad hoc.
form of transactions, voluntary form of transactions
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Ivan Ishchenko Comparative Legal Analysis of Redomiciliation in Russia and Abroad: How Effective is the Russian Model?
The article considers legal regulation of redomiciliation in Russia, Delaware (USA), Cyprus and the British Virgin
Islands, investigates to what extent legal rules on this matter correspond to the purposes of redomiciliation, and
demonstrates that the legal regulation of the redomiciliation in Russia is ineffective.
The main goal of the article is to create a new framework for legal regulation of the redomiciliation in the Russian
Federation, based on research of foreign laws, which would increase the efficacy of the Russian solution.
The article suggests that redomiciliation should not depend on making investment in economy of the Russian
Federation, that redomiciled companies should have the right of free redomiciliation from Russia, and that the
redomiciling company should obtain consent/permission for redomiciliation from the previous jurisdiction.
redomiciliation, offshore, change of the company's personal law, deoffshorisation, corporate law
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Natalia Kantor Set-Off against Closely Connected Right in Terms of Saldo Theory
The Supreme Court of the Russian Federation has created the saldo theory in respect to bankruptcy set-off
against closely connected rights. In this theory set-off is regarded as possible action due to reciprocal character
of obligations arising from the agreement. Therefore, saldo does not affect the debtor’s estate and does not create
a creditor’ preference. New theory allows to set the financial result of the agreement in bankruptcy procedures if
the parties entered into agreement prior to the insolvency. Saldo theory is applicable to civil relationships beyond
the bankruptcy but civil law doctrine has not been distinguishing saldo (netting) and set-off. The author evaluates
economic and legal factors for identifying a new category, essential discrepancies between set-off and saldo, the
consequences of the application of saldo for the insolvent debtor. However, saldo is subject of the contest in case of
unjustified enrichment or willful harm to creditors. In order to avoid abuse of the creditors the courts have to evaluate
equivalence, validity of the obligations and exclude applying the theory to the creditors related to the insolvent debtor.
Criteria for applying saldo theory to the linked contracts, losses and contract penalties should be developed in
doctrine and practice. The author analyses cases and provides recommendations for judicial and non-judicial
application of the doctrine.
insolvency (bankruptcy), saldo theory, set-off, linked contracts
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Antonio Manuel Morales Moreno Three Models of the Seller’s Obligation in Relation to the Quality of the Thing
This work compares three systems having to do with the protection of the buyer when some qualities of the sold
object are absent: «caveat emptor», liability for latent defects and breach of contract due to lack of conformity.
In order to distinguish between the last two abovementioned systems (liability for latent defects and breach of
contract due to lack of conformity) this work tries to build the concept of «system of remedies». Likewise, this work
raises the following question: may the system of liability for breach of contract (generated in the international sales
of goods) be applied to other kinds of sale? The main problem that comes from the application of the system of
breach of contract to all sales lies in the remedy of damages.
contract law, sale, contractual liability, seller’s liability, damages
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