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ARCHIVE FOR 2010    RUSSIAN

Октябрь 2010

CONTENT

 

EDITOR’S COLUMN

 

FREE TRIBUNE

Е. А. Krasheninnikov, Yu.V. Baygusheva Delimitation of representation from other form of activity on behalf of other person
The article is dedicted to the analyse of several forms of activity on behalf of other person and their delimitation from the institution of representation: mediated representation; assistance, preceding execution of a transaction; settlement of a transacion per carrier; beneficiary contract etc.
Keywords: representation, authority, beneficiary contract
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A.A. Kuznecov Several issues of joint exercising of shareholder rights
The author defines legal nature of relationship, arising between shareholders at joint exercising their rights (right to require calling of a general shareholders meeting, right to demand assigning inspection of financial and economic activities), as a liability for joint-cooperation. By analogy with to this relationship can be applied special partnership agreement regulations.
Keywords: joint exercising of shareholder rights, joint operation agreement, shareholder's agreement, shareholder rights
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V.M. Pashin Issues of reformation of institution of enforcing obligations by a third party
The author criticizes the Concept of the Civil Law of the Russian Federation Development with regard to proposals to amend enforcing obligations by a third party. The obligation enforcemnet by a third party is proper provided that a debtor expressed his will to it. The risk of acceptance for execution in the absence of the debtor's will shall be incumbent on the creancer.
Keywords: enforcemnet of obligations, assignment of execution, concept of the civil law development
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A.V. Yudin Legal situation of persons, not participating in the case, which rights and obligations can be subject of an judicial act
The Federal Law as of 19.07.2009 No 205-FZ introduced new trial participants, which impossible to assign to any known species within the frame of the contemporary classification. These specifically are participants of the group in the action of remedy of rights and legal interests of the group of persons, legal person in corporate dispute and several others. The author considers that they have special status of persons "attached" to arbitration proceedings.
Keywords: parties to arbitration proceedings, corporate dispute, actions of remedy of rights and legal interests of the group of persons
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EVENTS AND COMMENTS

D.V. Murzin Leasing agreement: it is lease, but financial one
Comment to the determination of the Presidium of the Higher Arbitration Court of RF as of May 18, 2010 No 1729/10 The Presidium of the Higher Arbitration Court of RF formed legal views, according to which in case of early termination of the leasing agreement with the option of redemption and seisure of the leasing subject, the lessee has the right in reimbursement of the part of lease payment settled by him. Herewith the redemption price shall be defined with regard to actual usage of the leasing subject as of the date of agreement dissolution regardless price determination in agreement. The commented on determination brings to light challenge of inconsistence of civil and fiscal legislation within the sector of leasing relations.
Keywords: leasing, lease, redemption price
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O.M. Oleynik Risks of classification at law of the resolution of the general shareholder's meeting
Comment to the determination of the Presidium of the Higher Arbitration Court of RF as of April 6, 2010 No 17536/09 What kind of consequences involves invalidity of the resolution of the general shareholder's meeting? It depends on the answer to a theoretic question of classification at law of the resolution of the general shareholder's meeting. On the whole the issue resolves itself into definition of balance between justice (protection of interests of members of economic company) and stability of civil transactions.
Keywords: resolution of the general meeting, invalidity of legal transaction, local normative act
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RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

 

 

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