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ARCHIVE FOR 2010    RUSSIAN

Ноябрь 2010

CONTENT

 

EDITOR’S COLUMN

 

FREE TRIBUNE

D.V. Lomakin Intracorporate procedures and ctability of civil transactions: the issue of priority search
The fact of intracorporate procedures violation is not a just cause for invalidity of legal transactions, made by a legal entity on the base of these procedures. A transaction can be cancelled in the presence of additional criteria, as well as in the event of staging intracorporate procedure. Such an approach allows to observe the balance between interests of a legal entity and its counterparties.
Keywords: invalidity of legal transaction, corporate act, major transaction
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Yu.A. Tarasenko Legal nature of the contract of an economic company having single executive body
In its legal nature the contract by and between the company and the single executive body is a labor agreement and it is free of any special civil provisions. Therefore a legal regime of civil transactions does not apply to this agreement, including regulations of interested-party transactions approval
Keywords: labor agreement, single executive body, interested-party transaction
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A.V. Shvabauer On judicial remedy of immovable property title
The Russian legislation does not provide for a special remedy of immovable property title that was violated by an invalid entry to the Uniform State Register of Immovable Property Rights and Transactions. The judicial practice is seeking to fill this gap with the assistance of constructions not suitable for this purpose. According to the author it is necessary to enshrine in law a new remedy - a clame to require consent of defendant to amend the entry, subject of which is essentially a "vindication of apparent law"
Keywords: remedy, vindication, immovable property
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I.A. Emelkina Law of estate in building leasehold on a land parcel in possession of other person
One of new corporeal rights, proposed by the Concept of Development of the Civil Law of the Russian Federation, is building leasehold -title and right of use of a land parcel with a view to erect and maintain buildings, as well as to possess and use erected on the parcel of land structures and buildings. The author analyses constructions of similar rights, provided for by the foreign legislation, and arrives at a conclusion as to what kind of right it should be in Russia.
Keywords: building leasehold, corporeal rights, the Concept of Development of the Civil Law of the Russian Federation
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T.N. Neshataeva Court and arbitration: on margin of the private and the public
The author is referring to the issue of parity of the arbitration institutions and the State courts in terms of parity of private and public interests. A special attention is paid to the point of possibility to arbitrate disputes as to immovable property.
Keywords: arbitration, court of arbitration, private and public law
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

The determination of the Plenary Assembly of the Higher Arbitration Court of the Russian Federation as of October 14, 2010 No 52
"On amendments of determination of the Plenary Assembly of the Higher Arbitration Court of the Russian Federation as of 30.06.2008 No 30 "On certain issues arising in the context of application of the antimonopoly law by the arbitration courts "

 

 

 

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

 

 

 

 

COURT PRACTICE INDEX