Contractual Responsibility and Economic Crisis

10.12737/1951 ◽  
2013 ◽  
Vol 2 (1) ◽  
pp. 23-31 ◽  
Author(s):  
Александр Комаров ◽  
Alyeksandr Komarov
Keyword(s):  
Economic Crisis ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
The Russian Federation ◽  
The Law

The article deals with the problems of regulating the situation which arises in connection with changed circumstances resulting in creating hardships in performance of the contract. The author attempts to evaluate the practice of application of Art. 451 of the Civil Code of the Russian Federation that provides corresponding rules. Evolution of the law on hardships in major civil law jurisdiction is also addressed to in the article.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

scholarly journals Prevention of Damage to the Environment in the Regional Judicial Practice

2020 ◽  
Vol 5 ◽  
pp. 21-25
Author(s):  
Tatyana V. Letuta ◽  
◽  
Elena V. Mischenko ◽  
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Civil Law ◽  
Civil Code ◽  
Main Function ◽  
Legal Institution ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law ◽  
Damage Prevention

The article proposes the author`s approach to the solution of the issue of the efficiency of the use of the damage prevention institution in practice. The authors review the regional practice of application of administrative suspension, civil law termination and prohibition of activities of environmental law breachers. Various protection means are compared. The authors conclude that administrative suspension of activities aimed at fulfillment of its main function of interception of environmental offenses requires the law to be supplemented in terms of cases on the need for immediate offense repression. The paper justifies the expediency of application of the presumption of offender`s guilt in effect in respect of other misdeeds provided in the Civil Code of the Russian Federation. Prevention of damage to the environment as a complex legal institution needs its implementation mechanisms to be improved in practice.

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.

scholarly journals Civil right. Special part

2019 ◽  
Author(s):  
Ольга Шаповал ◽  
Olga Shapoval ◽  
Елизавета Романова ◽  
Elizaveta Romanova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Educational Institutions ◽  
Higher Educational Institutions ◽  
Basic Law ◽  
Special Part ◽  
Teachers And Students ◽  
The Law ◽  
Higher Educational

Civil law is one of the basic law disciplines. Traditionally this discipline is divided into General and Special parts. The book is a summary of the course of Special part of civil law, covers all topics of the discipline which is taught at the law faculties of higher educational institutions. The textbook's structure reflects the system of structure of chapters and sections of the civil code of Russian Federation. The textbook is intended for teachers and students of law faculties studying the discipline "Civil law".

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.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals Challenges of Compulsory Seizure of Private Property by the State through Requisition, Confiscation and Nationalization under the Civil Legislation of Russia

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 25-32
Author(s):  
E. V. Bogdanov
Keyword(s):  
Russian Federation ◽  
Private Property ◽  
Civil Law ◽  
Civil Code ◽  
State Ownership ◽  
The State ◽  
State Responsibility ◽  
Additional Equipment ◽  
The Russian Federation ◽  
To Come

The existence of extraordinary circumstances, which should be understood as circumstances unavoidable under these conditions, constitutes the condition for requisition. The Civil Code of the Russian Federation gives state bodies a certain freedom in carrying out requisitions, as it is hardly possible to list all exceptional circumstances when additional equipment or other property will be required both to prevent the development of emergencies and to deal with their consequences.Civil law confiscation involves the termination of private property and the emergence of state ownership of confiscated property. Therefore, it is impossible to treat as confiscation the seizure of tengible media according to Para. 4 of Art. 1252 of the Civil Code of the Russian Federation, because they were produced in violation of the law and, therefore, ownership has not arisen. The paper also substantiates the conclusion that nationalization requires relevant property to come not into the property of the State, but into the national property. In the author’s opinion, the currently existing State property does not contain any hints of national property, and it can be stated that the Russian people even more than previously are removed from the property of the State and are excluded from State responsibility. Nationwide property serves as a foundation of the civil society.

Application of civil law in the regulation of labour relations

2021 ◽  
pp. 748-755
Author(s):  
A.V. Mayfat ◽  
M.A. Zhiltsov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Labor Disputes ◽  
Labour Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Common Situation

The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.

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.

The General Provisions on Purchase and Sale in the Civil Code of the Russian Federation

2005 ◽  
Vol 30 (1) ◽  
pp. 101-160
Author(s):  
Stephen Smith
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Critical Examination ◽  
Market Economies ◽  
Western Market ◽  
The Russian Federation ◽  
Russian Law ◽  
Broad Overview

AbstractThe author offers a critical examination of the provisions on purchase and sale in the Civil Code of the Russian Federation. Focusing narrowly on the text of the code, the paper starts with a broad overview of, and commentary on, the provisions and then provides a detailed article-by-article commentary on individual provisions. Potential difficulties are identified (especially with respect to transfer of ownership, remedies, and the code's attempt to blend common and civil law approaches to sale) and suggestions are offered for how the text might be clarified or, in certain cases, substantively changed. In view of the broad similarity between the provisions on sale in the Russian code and the rules on contracts of sale applicable in Western market economies generally, the paper proposes neither far-ranging criticisms nor radical reforms of the Russian law.

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