scholarly journals СIVILISTIC SCHOOL OF THOUGHT IN INTERNATIONAL PRIVATE LAW

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Наталия Марышева ◽  
Nataliya Maryshyeva ◽  
Татьяна Лазарева ◽  
Tatyana Lazaryeva ◽  
Наталия Власова ◽  
...  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Private Law ◽  
Private International Law ◽  
Marriage And Family ◽  
The Russian Federation ◽  
Family Code

The article is devoted to the analysis of the civil law concept of private international law, which comes down to the fact that private international law regulates private law relations: civil, family and labour, if they comprise a foreign element (foreign citizenship, foreign affiliation of a subject of law, etc). The authors provide arguments that private international law is an independent branch of law and legal studies; civil law concept of private international law is based on two methods of regulation of private law relations with a foreign element: conflict of laws (national and standardized through uniform rules contained in international conventions) and a substantive (standardized) element. The authors reveal the role in the development of the science of private international law played by professor L. A. Luntz, Laureate of the USSR State prize, who worked in the Institute of Legislation and Comparative Law (ILCL) in 1939—1979. Special attention is paid to the contribution of L. A. Luntz and his successors — the ILCL researchers V. P. Zvekov, A. L. Makovskiy, N. I. Marysheva, O. N. Sadikov — to the formation and development of the Soviet and Russian legislation in the field of private international law, including drafting of the Bill on Private International Law and International Civil Procedure (1990), drafting and adoption of the respective sections within the Fundamental Principles of Civil Legislation of the USSR (1961, 1991), the Fundamental Principles of Marriage and Family Legislation of the USSR (1968), the RSFSR Civil Code (1964), the Marriage and Family Code of the RSFSR (1969), the present Civil Code of the Russian Federation (Part III, 2001), the Family Code of the Russian Federation (1995), the Maritime Code of the Russian Federation (1999), the Civil Procedure Code of the Russian Federation (2002).

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

Legal Regulation of Adjudication in Civil Code of the Russian Federation (Issues of Conflict Rules)

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.

Scientific Novelty in the Dissertation by E.V. Krotova

2020 ◽  
Vol 17 (4) ◽  
pp. 107-110
Author(s):  
Elena L. Nevzgodina ◽  
Natalia A. Temnikova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Family Law ◽  
Civil Law ◽  
Practical Significance ◽  
Private International Law ◽  
Business Law ◽  
Actual Problem ◽  
Academic Degree ◽  
The Russian Federation

Introduction. E. V. Krotova prepared a dissertation research “Subsidiary Liability in Russian Civil Law” submitted for the degree of candidate of legal sciences in the specialty 12.00.03 “Civil law; business law; family law; private international law”. The work is devoted to an actual problem in civil law: the concept, legal nature, types of subsidiary liability based on the analysis of modern, constantly changing legislation. Results. The dissertation contains a solution to a problem that is important for the development of civil law science. The design of the dissertation meets the requirements established by the Ministry of education and science of the Russian Federation. The dissertation is an actual independent scientific research, which has a complete form, is based on a sufficient empirical base, the conclusions and proposals contained in it have scientific novelty and practical significance. The content of the abstract corresponds to the content of the dissertation text. The dissertation and abstract meet the requirements of the Regulations “On awarding academic degrees”, approved by the Decree of the Government of the Russian Federation No. 842 of September 24, 2013. The author of the dissertation under analysis deserves the award of the required academic degree of candidate of legal sciences in the specialty 12.00.03 “Civil law; business law; family law; private international law”.

A.L. MAKOVSKY AND THE REVIVAL OF RUSSIAN PRIVATE LAW

2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Private Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.

scholarly journals Guilt as One of the Grounds for the Prohibition (Suspension) Activities on the Russian Civil Law

2021 ◽  
Vol 2 ◽  
pp. 55-62
Author(s):  
E.M. Senotrusova ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Special Functions ◽  
Objective Assessment ◽  
Civil Law ◽  
Civil Code ◽  
Individual Characteristics ◽  
Point Of View ◽  
Roman Law ◽  
Private Law ◽  
The Russian Federation

The article considers the essence of the category of guilt as one of the grounds for prohibiting (suspending) activities under Russian civil law. The article analyzes the shortcomings ofthe legal definition of guilt stipulated in article 401 of the civil code of the Russian Federation due to the mixing of objectivist and subjectivist concepts. Based on the analysis of the judicial practice of the application of Article 1065 of the Civil Code of the Russian Federation, a conclusion was made about the unsatisfactory state of law enforcement in establishing guilt in a person’s behavior. Monuments of Roman law are studied for the purpose of revealing the category of guilt. A brief overview of approaches to the concept of guilt in the civil legislation of a number of foreign countries and in the Model rules of European Private Law is given. The positions of the Supreme Court of Austria and the countries of the Anglo-Saxon legal family are given on this issue. The article briefly covers the integral theory developed By E. A. Kramer for the objective assessment of individuals ‘ discretion in conducting any activity that may entail adverse consequences for third parties. In connection with the special functions and purpose of the Institute of responsibility in private law and institute for the prevention of harm, the conclusion is defended that it is unacceptable to directly borrow the category of guilt from criminal law to civil law. The article substantiates the need to apply the objectivist concept of guilt in civil law as a deviation from the standard of behavior of an ordinary reasonable participant in the turnover, taking into account individual characteristics of a person. Taking into account the provisions of the current civil legislation on liability, a conclusion was made about the possibility of applying a simplified scheme of forms and types of guilt, including when deciding on the establishment of an injunction. The question of the ratio of guilt, considered from the point of view of the objectivist approach, and wrongfulness is touched upon.

scholarly journals Certain features of using of the "estoppel" doctrine in civil proceedings of the Russian Federation

2019 ◽  
pp. 167-171
Author(s):  
Anna V. Ivkova ◽  
Yelizaveta S. Krotova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Procedure ◽  
The State ◽  
Good Faith ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation

The "estoppel" concept and the issues of applying the "estoppel" rule in international law and Russian civil law are considered in this paper. Procedural legislation novels stipulated in the Concept of the Unified Civil Procedure Code of the Russian Federation, approved by the Committee on Civil, Criminal, Arbitration and Procedural Legislation of the State Duma of the Federal Assembly of the Russian Federation on December 8, 2014, are noted here. The authors propose amendments to the civil procedural legislation, which will allow to apply the "estoppel" rule in civil proceedings. Particularly the authors propose to supplement Article 12 of the Civil Procedure Code of the Russian Federation with part 3, including in it the obligation of the party to act in good faith in the exercise and protection of their rights and obligations. The authors indicate what exactly should be understood as unfair behaviour in this context.

scholarly journals PRIVATE INTERNATIONAL LAW IN GLOBAL WORLD

2016 ◽  
pp. 0-0
Author(s):  
Наталия Власова ◽  
Nataliya Vlasova ◽  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Legal Regulation ◽  
Civil Code ◽  
Academic Community ◽  
Private International Law ◽  
The Russian Federation ◽  
The Government ◽  
Global World

The article contains the review of the International scientific-practical conference “Private International Law in Global World” devoted to the 90th anniversary of the birth of O. N. Sadikov, classic of the Russian civil law, Doctor of Law, Professor, honoured worker of science of the Russian Federation, which took place on November, 18, 2015 in the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The members of the working group on amendments to Chapter 3 of the Civil Code of Russian Federation, top scientists, representatives of the academic community and leading higher educational establishments, legal practitioners, arbiters of International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, academics from the former Soviet Union and elsewhere took part in the conference. A wide scope of common and special questions was discussed during the conference: exploration of the development trends in the private international law such as unification and self-governing; the results of the renewal of Section VI “Private International Law” of Chapter 3 of the Civil Code of the Russian Federation as well as the amendments to foreign legislative acts on private international law; the problems of legal regulation of several institutes of private international law, concerning, for example, the status of legal entities, proprietary relations, competitive relations under the conditions of globalization of the world economic cooperation, conflict-of-law rules according to pre-contractual relations, ruling of international jurisdiction in international property matters, etc.; settlement of the problem of foreign state’s immunity.

Sign in / Sign up

Export Citation Format

Share Document