ARCHIVE FOR 2025 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Декабрь 2025
CONTENT
Dmitriy Gromov Legal Regulation of the Remuneration of an Insolvency Practitioner under German Law (Part 2) The second part of the article is devoted to issues of adjustment of the remuneration of the insolvency practitioner.
Surcharges and deductions form the final contours of the German legal regulation system of insolvency
practitioners’ remuneration and determine a departure from a strict focus on the result of the practitioner’s activity,
allowing the court to assess the activity itself directly. The author examines in detail the grounds which, according
to the German legislator and courts, allow one to speak of such a significant deviation of a particular procedure
from the average that would justify a departure from the general rules for calculating remuneration.
Keywords:
remuneration system of insolvency practitioners, determination of insolvency practitioner’s remuneration, assessment of insolvency practitioners’ remuneration, grounds for reducing of insolvency practitioners’ remuneration
Buy a PDF
FREE TRIBUNE
Vladislav Osipov Issues of Succession of Secondary Rights (Part 2) The second part of the article is devoted to the succession of secondary rights within the framework of the transfer
of contract (Art. 392.3 of the Civil Code of the Russian Federation), the assignment of claim, as well as the
possibility of isolated assignment directly of secondary rights. The article argues that isolated assignment of nonautonomous
secondary rights should be regarded as permissible. It also addresses whether corporate secondary
rights may be assigned separately, in connection with the broader issue of third-party participation in corporate
affairs. It is proposed that the provisions of Chapter 24 of the Civil Code of the Russian Federation be applied to
the assignment of secondary rights by analogy.
Keywords:
secondary rights, succession, assignment of claim, cessio, transfer of contract, isolated assignment, voting right
Buy a PDF
Oksana Tyusina Impact of a Party’s Bankruptcy on Pending Arbitration Proceedings with its Involvement: Analysis of Approaches to Determining the Applicable Law Determining the law governing the effects of a party’s bankruptcy on pending arbitration proceedings has
sparked considerable debate, particularly in light of the work of UNCITRAL Working Group V on developing
an instrument concerning the law applicable in bankruptcy (lex fori concursus). The article identifies two main
approaches: one that recognises an exception to the application of lex fori concursus in favour of lex loci arbitri
with respect to pending arbitration proceedings, and another that supports applying lex fori concursus to such
proceedings. The article also analyses the advantages and disadvantages of each approach, as well as the risks
and implications of abandoning the traditional approach, under which pending arbitration proceedings fall outside
the scope of lex fori concursus.
Keywords:
international commercial arbitration, applicable law, lex fori concursus, lex loci arbitri, pending arbitration proceeding, bankruptcy, party autonomy, cross-border bankruptcy
Buy a PDF
Vasiliy Laptev Consequences of a Real Estate Owner’s Loss of the Right to Use the Underlying Land Plot: Legislative Approaches and the Powers of Public Law Entities The Civil Code of the Russian Federation is generally regarded as a legislative act governing private-law relations
based on the equality and autonomy of the parties. At the same time, it contains numerous provisions of a publiclaw
nature, the detailed study of which is significant not only for academic research, but also for legal practice.
This article examines the provisions of civil legislation granting public law entities, as owners of land plots, the
authority to determine the fate of the buildings and other immovable property located on such land where the
owners of the latter (individuals or legal entities) have lost their right to use the land underneath them.
The application of Article 272 of the Civil Code of the Russian Federation in practice raises many questions,
the answers to which depend not only on judicial discretion but also on the position taken by the relevant public
law entity in a particular case. In such situations, legal guarantees protecting private ownership recede into the
background, and private-law regulatory mechanisms cease to operate effectively. The article proposes legal
approaches to the procedure by which public law entities may exercise their powers to demand the vacation
(clearance) of a land plot from immovable property; it examines protective mechanisms available to owners of
real estate and identifies possible abuses of rights by the parties involved.
Keywords:
private property, immovable property, loss of rights to land, protection of property rights, clearance of land plot, termination of land use, nationalization of immovable property, abuse of rights
Buy a PDF
Ivan Derkach On the Grounds for Releasing the Seller from Liability for Defects of Goods: A Review of Judicial Practice (Part 2) The article presents the second part of a study on the issue of exempting the seller from liability for product defects
in cases where the buyer knew or ought to have known of their existence. The work contains a review of judicial
practice concerning the application of Articles 460, 461 and 475, 476 of the Civil Code of the Russian Federation in
disputes involving the seller’s contractual liability. The article analyses cases in which the seller acted with simple
negligence, while the buyer either could have discovered the defects or did not and could not have known of them.
It also examines court practice where the seller’s simple negligence contrasts with the buyer’s knowledge or duty
to know about the defects. Further, the article considers situations where the seller exhibited gross negligence or
acted intentionally in respect of disclosing information about defects, while the buyer could have known, or did not
and could not have known of them. The author systematises the court positions and concludes that it is necessary
to develop a unified approach to determining the seller’s liability for legal and physical defects in cases combining
different levels of the seller’s fault and different degrees of the buyer’s awareness at the stage of concluding and
performing a contract of sale.
Keywords:
contract of sale, legal and physical defects of goods, contractual liability, simple negligence, gross negligence, intent, knowledge horizon
Buy a PDF
