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Март 2024




Dmitry Salmin Unjust Enrichment in Settlements through Banks
Case Comment to the Judgment of the Chamber for Civil Cases of the SC RF No. 44-КГ20-17-К7, 2 February 2021 The article examines the issue of recovering unjust enrichment in bank transactions, using the judgment of the Supreme Court of the Russian Federation dated February 2, 2021, No. 44-KG20-17-K7 as an example. It explores the relationships between the bank, the client, and the payment recipient. The problem of protecting the bona fide recipient of funds is addressed.
Keywords: settlements through banks, fulfilment of obligation by a third party, unjust enrichment, competition of claims, loss of enrichment
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Vyacheslav Grigoriev Temporary Legal Impossibility in Russian Court Practice
The author examines in detail the legal regulation of the institute of temporary impossibility of fulfilment of obligations in the context of the last two most serious challenges that Russia and its legal system had to face — the coronavirus and restrictive measures (sanctions) of foreign states. The article deals with the problems of legal impossibility taking into account the law applicable to the obligations, as well as analyses controversial points of judicial practice of Russian courts on qualification of legal obstacles as force majeure circumstances.
Keywords: impossibility of fulfilment, force majeure, sanctions, unavoidability, insurmountability, emergency circumstances
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Ivan Tebenyov Form of Transactions and Identification of Parties in E-Commerce (Part 1)
The article studies domestic, foreign, and international experience in the regulation of transactions made with the use of means of electronic communication. The author focuses on the problem of identification of parties to transactions in electronic form. The first part of the article contains some theoretical remarks concerning the electronic form of transactions, as well as the meaning and functions of the form of transactions in general and of the signature as a typical attribute of the written form. In addition, the article provides a review of international and foreign regulation of the electronic form of transactions, as well as the Russian Law on Electronic Signature.
Keywords: electronic commerce, electronic form of transaction, electronic signature, identification of parties to a transaction
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Aleksandr Guna Proportionate Reduction of Price as a Creditor’s Remedy
This study is an attempt to comprehend with the help of historical and comparative legal analysis one of the relatively understudied forms of operational protection of creditor’s interests under an obligation — proportional reduction of price. The central aspect is the description of three key supporting elements of proportionate reduction of price, which constitute its essence, but, unfortunately, are not implemented (not fully implemented) in practice, which, in turn, hinders the effective application of this remedy. First: proportionate reduction is not a form of liability, it rather stems from the idea of proportionate exchange. Two: a proportionate reduction in price is a unilateral transformative transaction, not a claim enforceable through the court. It is in this form that the remedy achieves the greatest and best effect of protecting creditor’s rights. Third, the default calculation of proportionate reduction relies on the proportional method. This approach is most consistent with the legal nature of the remedy, but does not exclude the possibility of resorting to other forms of calculation in individual cases.
Keywords: proportionate reduction, remedies, comparative law
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Nikita Pavlov Application of General Rules on Transactions and Their Invalidity to Decisions of Corporate Meetings: a Review of Practice
The article demonstrates the approach of the Russian legal system (doctrine, judicial practice, legislation) to the legal nature of decisions of corporate meetings, starting from the moment of the adoption of special laws on corporations in Russia and ending with the judgment of the Supreme Court of the Russian Federation dated June 5, 2020, No. 306-ES19-24912 on the case of LLC ‘Yana Tormysh’, in which the transactional nature of corporate managerial acts was recognised. The review examines judicial acts that raised the question of applying transactional norms to the decisions of companies’ corporate meetings. Although the coverage of cases starts from 2005, special attention is paid to judicial practice in the period from June 2020 to July 2023, i.e. from the moment when the Supreme Court explicitly called corporate decisions a special type of transactions.
Keywords: legal fact, transaction, meeting decision, invalidity of a meeting decision, business companies
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