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Ноябрь 2010




O.A. Egorova "The principal element of the notion "confidence" - is a quality of proceedings in a case"
The Chairman of the Moscow City Court, Olga Aleksandrovna Egorova, answers the questions of Vladimir Bagaev, the Chief Editor of the "Moscow Lawyer" journal.
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K.A. Novikov Money as a subject of pledge
According to the author the legislation on right of pledge should be appended to by a reservation clause, saying that the realization of pledged property shall be effected only, when the nature of the said estate does not prevent it. In the event that such an estate is money funds, the most natural shall be their acquisition by the pledge holder, even though this matter does not settled by the agreemen
Keywords: pledge, money funds, realization of pledged property
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S.V. Kharchenko Agreements for exercise of rights of members of economic companies
The article is dedicated to research of the institution of agreements for exercise of rights of members of economic companies in Russian Law. Novelties of the corporate legislation, fixing the possibility of members of economic companies to conclude these agreements are under consideration, their content and legal nature are disclosing, special features of legal regulation of agreements are under consideration, the issues that can be arised because of realization in practice of the said novelties of the corporate legislation are detected.
Keywords: shareholder's agreement, agreements for exercise of rights, rights of members of companies
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Yu.A. Khalimovskiy Practice of application of provisions on preliminary lease agreement
The article examines issues of preliminary lease agreements detected at use of this legal construction in civil transactions and finding resolution in arbitration practice. The article covers matters of preliminary lease agreement, conditions of period of time, cash settlements under a preliminary agreement and possibilities of ensuring performance of obligations based on it. The decrees of the arbitration courts covering problem matters, including decrees taking into account modifications of law enforcement practice are used.
Keywords: preliminary agreement, lease agreement, arbitration practice
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L.V. Kuznetsova Several requirements for bidders and consequences of their non-oservance
The article is dedicated to the matters related to legal situation of bidders. From the point of view of the civil law tenders represent one of the medhods to conclude a contract, when one of the parties realizes selection of the counterparty to the contract among several applicants, from among which it is selected a party that to the maximum extent correspond to requirements of bidding process organizer. Now the sphere of tenders using is exceedingly great. For example, it exists in relationship connected to acquisition of license. Considerable requirements of practice stipulates ever-increasing theoretic intersest to analysing problem. One of the most equivocal matters of the subject under examination is the issue of those demands, which to be placed on bidders, and of consequences of their non-observance
Keywords: tenders, requirements to bidders, bidding process organizers
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O.V. Tsukanova Several matters of judicial practice, arising during hearing
The author brings forward statistics of intellecual property disputs examination and describs problems, arising at hearing of this category of cases. It is proposed different methods of compensation amount calculation: according to amount of profit received from counterfeited products, according to amount of remuneration under licensing agreement, depending on actual damage owing to falling sales. The evaluation of use of video recording as a evidence of the fact of copyrights and allied rights violation is given. In conclusion the author supports the idea of creation of the Patents Court in Russia.
Keywords: intellectual property, evidence, damage, compensation
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