ARCHIVE FOR 2025 RUSSIAN
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Март 2025
CONTENT
Stanislav Smirnov Substitution vs Hereditary Transmission Case Comment to the Judgment of the Chamber for Civil Cases
of the RF SC No. 5-КГ24-82-К2, 6 August 2024
The article examines the competition between the designation of an heir in a will (substitution) and the transfer
of the right to accept an inheritance (hereditary transmission) using a private dispute as an example. In the case
discussed, the courts ignored the testator’s will in the absence of a special rule. Through the lens of a specific
case, the article compares substitution and transmission and analyzes foreign regulatory experience.
Keywords:
testament, substitution, calling to inheritance, hereditary transmission, non-acceptance of inheritance
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Nikita Ivanov Liability for Joint Infringement of an Exclusive Right The article analyzes subjective and objective components of the concepts of ‘joint infliction of harm’ and ‘joint
infringement of exclusive right’. It argues for the necessity of holding persons jointly liable who directly used
the object of intellectual property without the consent of the right holder, in one way or several ways, within the framework of a single economic objective, when it is established that their actions were coordinated,
regardless of their intention to harm the rights holder. The article also substantiates the need to hold both primary
and secondary infringers of exclusive rights jointly liable, provided the secondary infringer knew of or consciously
assisted in the infringement, or should have known about it.
Keywords:
protection of intellectual rights, protection of exclusive right, civil liability, joint infliction of harm, joint and several liability, indirect infringement of intellectual rights
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Nikita Rogozhin Contract and the Operation of the Law in Time: Political-Legal Grounds and Scope of Application of Clause 2 of Article 422 of the Civil Code of the Russian Federation The article explores the political and legal grounds of the norm of clause 2 of art. 422 of the Civil Code of the
Russian Federation, as well as some problems of determining the scope of its application. The Russian Code
contains a special temporal rule for contracts, solving the question of the influence of new norms on the previously
arisen and continuing contractual legal relationship. The author argues that answering the question of which
new norms fall under the scope of this rule is impossible without considering its meaning and purposes. Drawing
on foreign experience, as well as the analysis of Russian courts’ decisions, the author concludes that a literal
interpretation and mechanical application of the temporal rule alone is not sufficient to resolve conflicts between
new and old norms governing contractual relations. Disputes should be resolved on the basis of teleological
interpretation of art. 422 of the Civil Code and conflicting new and old norms, balancing different values and
interests.
Keywords:
effect of law in time, contract, obligation, temporal conflicts
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Sergey Sennikov Reducing Cancellation Fees from a Comparative, Historical and Economic Perspective The article is devoted to the study of the legal nature of the termination fee in the context of reducing the amount
of this fee by the court. Nowadays, neither in judicial practice nor in doctrine there is no common consensus
of what place in the system of Russian law of obligations the termination fee occupies. Such uncertainty in
practice creates many difficulties, among which the most pressing issue is the question of the permissibility and
conditions of judicial reduction of the termination fee. From this perspective, the author examines the regulation
of similar contractual mechanisms in foreign jurisdictions, studies the historical development of the down payment
phenomenon in Russian civil law, provides a comparative analysis of the fee for refusing a contract with related
legal institutions, and considers the economic aspect of this fee.
Keywords:
the right of withdrawal from the contract, the right of unilateral modification of the contract, termination fee, fee for unilateral modification of the terms of the contract, derived rights
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Odilkhon Madaminov-Shirinskiy Defence of a bona fide Acquirer of an Exclusive Right The article discusses some issues of protection of a bona fide acquirer of an exclusive right. The arguments for
and against such protection are compared. The author highlights the political, legal, moral and ethical arguments
in favor of protecting a bona fide acquirer of an exclusive right, noting that such protection is necessary to intensify
the turnover of exclusive rights, which is important for the modern economy. The article considers formal and
dogmatic objections to such protection, considering which, the author concludes that it is possible to overcome
them by interpreting some special provisions of the Civil Code contra legem, or by using general provisions on
good faith. The author notes that the practical implementation of the protection of a bona fide acquirer of an
exclusive right requires the search for elements of objective reality that create an external appearance of law
equivalent to that created by ownership, such elements may be entries in registers of intellectual property objects
and the entire “chain” of agreements on the transfer of the corresponding exclusive right.
Keywords:
protection of a bona fide acquirer, intellectual property, exclusive right
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Anton Ilyin Admissibility of Evidence by Agreement of the Parties The article is devoted to the discussion of the possibility de lege ferenda of concluding agreements on the
confirmation of the circumstances of the dispute by certain means of proof (agreements on the admissibility of
evidence). The paper examines the most significant arguments against this idea: limiting the possibilities for the
court to establish the truth in the case, manipulating the court to achieve illegal goals, infringing on the interests of
the weak side of the legal relationship, the discrepancy between the parties to the agreement on the admissibility
of evidence and the composition of the persons involved in the case. The author comes to the conclusion that
allowing the conclusion of such agreements from a procedural point of view is both permissible and desirable, as
it would greatly simplify the evidentiary process for the parties to the process.
Keywords:
proof, admissibility of evidence, procedural agreements, enforceability of agreements
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Dmitry Ludanin Causation as a Reflection of ‘at the Claimant`s Expense’ Condition in Unjust Enrichment Obligation This paper analyses the causation principle and its role in the context of the unjust enrichment obligation emergence
and from the point of view of the substantive content of ‘at the claimant`s expense’ condition (as a condition
aimed at active and passive legitimation in the obligation). The author concludes that the concept of causation is
inadequate, as it broadens the scope of unjust enrichment and may lead to unpredictable outcomes. Thus, for the
purposes of establishing the scope and the parties to the obligation, more substantiated approaches may be used
to explain the content of the ‘at the claimant’s expense’ condition.
Keywords:
unjust enrichment, causation, theory of attributive content of subjective right
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