Magazine content за Декабрь 2010 г.
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ARCHIVE FOR 2010    RUSSIAN

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Декабрь 2010

CONTENT

 

EDITOR’S COLUMN

 

FREE TRIBUNE

A.A. Ivanov Principal trends of development of the corporeal rights legislation
Published in November, 2010 a draft of amendments to the Civil Code of the Russian Federation supposes substantial renewal of proprietary rights and other corporeal rights provisions. The article enumerates the principal novelties and covers motives of their adoption.
Keywords: corporeal rights, reform of civil legislation
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A.V. Egorov Restitution as for invalid transactions in the course of bankruptcy
The fundamental porinciple of the restitution as for commutative contract is its bilateral nature. This principle shall not be violated and in case of bankruptcy of one of the party of invalid trasaction. Th that it should be established a fair balance of convenience of the person participating in restitution and of other creancors of the debtor.
Keywords: invalidity of legal transaction, restitution, bankruptcy, bankrupt's assets
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А.А. Kuznetsov Mandatory offer: matters of protection of shareholders' rights
The article examines the issue of shareholders' rights violation in the course of realization of one of the procedures of public merger of a joint stock company - it is a mandatory offer. On the basis of analysis of judicial practice and dogmatic materials it is proposed possible optios of protection of shareholders' rights, among other sugjects it is examined matters related to evaluation of redemption of shares fair price.
Keywords: mandatory offer, public merger, protection of shareholders' rights
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A.I. Schukin Matters of international jurisdiction in location of discharge of an obligation in contracts of member states of CIS and in judicial practice
From the point of view of defining international jurisdiction the location of discharge of an obligation shall not be established on the basis of substantive law, but by special procedural provisions. Such an approach allows to resolve currently existing problem of diversity of judicial practice on the subject.
Keywords: international jurisdiction, location of discharge of an obligation, governing law
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EVENTS AND COMMENTS

R.S. Bevzenko The order of discharge of demand of creditor on pecuniary obligation: it is a incidental point of a problem of unreasonable contractual stipulations
Comment to the information letter of the Presidium of the Higher Arbitration Court of RF as of October 20, 2010 No 141 In commented letter the Presidium of the Higher Arbitration Court of RF indicated, that the agreement on the point that the request for payment of forfeit penalty shall be liquidated before the request for payment of principal debt is null and void and also explained other provisions of the Article 319 of the Civil Code of RF.
Keywords: monetary obligation, principal debt, forfeit penalty
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D.I. Stepanov Agreement for exercise of rights of members of a limited liability company Academic and research comment of key provisions of the newest legislation
Agreements of the members of a limited liability company did not acquire a wide-spread occurence in spite of considerable interest paid to them on the part of business men. The cause of it is consists of possibility of different interpretation of legislation provisions and of absence of judicial practice of their application. Several matters are clarified in this article that represents applicative comment of clause 3 of Article 8 of the Law on limited liability companies.
Keywords: agreement of the members of a limited liability company, shareholder's agreement, corporate legal relationship, conditional juristic act
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

The decree of the Plenary Assembly of the Higher Arbitration Court of the Russian Federation as of October 14, 2010 No 53
"On forwarding to the State Duma of the Federal Assembly of the Russian Federation of a draft of the federal constitutional law "On amendments of the federal constitutional laws "On legal system of the Russian Federation" and "On arbitration courts in the Russian Federation" in view of creation of the Court on intellectual rights within the system of arbitration courts"

 

The decree of the Plenary Assembly of the Higher Arbitration Court of the Russian Federation as of October 14, 2010 No 54
"On forwarding to the State Duma of the Federal Assembly of the Russian Federation of a draft of the federal law "On amendments of several judicial acts of the Russian Federation in view of creation of the Court on intellectual rights within the system of arbitration courts"

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

The information letter of the Presidium of the Higher Arbitration Court of the Russian Federation as of October 20, 2010 No 141
"On several matters of application of provisions of Artilce 319 of the Civil Code of the Russian Federation"

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Application of the civil legislation

 

Application of the fiscal legislation

 

Application of the procedural legislation

 

Application of the administrative legislation

 

COURT PRACTICE INDEX

Index of the judicial practice