Журнал ЗАКОН

Case Comment to the Judgment of the Chamber for Civil Cases of the RF SC No. 78-КГ21-59-К3, 26 September 2023 This article uses a specific case as an example to illustrate the issue of reinstating the deadline for accepting an inheritance as stipulated in a will. It demonstrates that the criteria previously established in practice for reinstating the acceptance period of an inheritance under a will may not always be applicable. The author presents arguments both in favor of and against a special basis for reinstating the acceptance period for heirs named in a will, specifically focusing on the conscientious unawareness of the will’s existence.

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Keywords: inheritance, will, deadline for accepting inheritance, good faith, escheat

Commentary on Amendments to Chapter 16 of the Civil Code of the Russian Federation This article analyses the amendments made to the Civil Code of Russia in August 2023. These amendments primarily focus on the rights to common property in shared areas of a building (construction), including premises and car parks, owned by different individuals. The regulation of common property in buildings (constructions) intended for residential and non-residential use is now largely similar. However, the Housing Code of Russia still prescribes some special rules for residential buildings. A building (construction) with at least two premises or car parks owned by different individuals transitions from legal to a technical object. The possession, use, and disposition of common property in such buildings (constructions) can be exercised by the owners of the individual premises and car parks, in proportion to their respective shares. The rules concerning shared property in buildings (constructions) are examined in detail.

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Keywords: building (construction), land parcel, territory, common property, shared property, premise, car-parking

The amendments to the Russian Arbitrazh Procedural Code, which expand the exclusive jurisdiction of the Russian courts over disputes connected with sanctions, have proven to be a popular and highly debated legal remedy. The authors argue that the purpose of the adoption of article 248.1 of the Russian Arbitrazh Procedural Code is not limited to resolving procedural deficiencies that the sanctioned persons may face in foreign jurisdictions, but it also includes the guarantees of fair resolution of a dispute on the merits from the substantive point of view (material justice). The new jurisdiction of the Russian courts has different nature and is based on different principles than traditional exclusive court jurisdictions, introducing several important nuances. These include the relative nature of the jurisdiction of the Russian courts under article 248.1 of the Russian Arbitrazh Procedural Code, the possibility for interested parties to influence the application of article 248.1 through derogation agreements. These specific features should also be taken into account in determining the scope of application and limits of the article 248.1 of the Russian Arbitrazh Procedural Code. The authors identify both objective and subjective grounds limiting the jurisdiction of the Russian courts. The influence of international obligations of the Russian Federation, the principle of close connection, good faith exercise of procedural rights, the level of risk to the right of the sanctioned persons to justice (especially if disputes are to be considered in friendly jurisdictions) on the application of article 248.1 of the Russian Arbitrazh Procedural Code by the Russian courts are deliberated in detail.

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Keywords: access to justice, right to court, economic sanctions, overriding mandatory rules, excusive jurisdiction, forum necessitates

The second part of this article delves into the legal regime of transaction-like actions, specifically focusing on the rules that govern relationships pertaining to this type of statement. It includes a detailed analysis of the applicable norms and explores the potential for bridging any gaps by drawing analogies with existing law. Following a thorough examination of the applicability of most rules governing transactions, the author concludes that despite the theoretical distinction of transaction-like actions as a separate legal category, there is no significant practical difference in how transactions and transaction-like actions are regulated.

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Keywords: transaction-like actions, transaction, legal gap, analogy of the law

This article addresses the process of setting and revising the remuneration for insolvency practitioners in major foreign jurisdictions and in Russia. It particularly considers recent changes in law enforcement practices as evidenced by the Supreme Court of the Russian Federation’s 2023 rulings in the cases of Volzhsky Terminal, LLC and Atkarsky MEZ, JSC. The author examines the new model for calculating percentage-based remuneration as proposed by the Supreme Court of the Russian Federation, highlighting potential challenges and issues that may arise during its practical implementation.

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Keywords: bankruptcy, insolvency practitioner, remuneration

The author considers the peculiarities of regulation of the key issues of the institute of legal impossibility of fulfilment of obligations in European legal systems and supranational codifications. The discussion ranges from the recognition of this concept’s independence at the national law level to the specific rules of its application and the implications of distinguishing this legal institute. Based on the results of the analysis, the author concludes that, despite the presence of common features, the concept of legal impossibility of fulfilment of obligations has its own peculiarities in each legal system. These distinctions could be valuable for the evolution and understanding of this institution within Russian law.

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Keywords: impossibility of fulfilment, force majeure, fault, legal impediments