scholarly journals Applying the Rules of Eviction in the Domestic Civil Law

Legal Concept ◽  
2020 ◽  
pp. 89-96
Author(s):  
Elvira Osadchenko
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Semantic Content ◽  
Good Faith ◽  
Third Party ◽  
Judicial Practice ◽  
Bona Fide ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Made In

Introduction: the paper is devoted to the study of certain problematic issues of eviction, which gives rise to the responsibility of an unscrupulous seller in the event of a third party claiming a thing. For this purpose, the author considers the concept and features of a bona fide buyer, identified by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, primarily the method of system and comparative analysis, the author identifies the constituent features of “eviction” by applying an essential-substantival approach to the study of the concept of a bona fide purchaser. Results: it is found that the Civil Code of the Russian Federation does not contain a list of criteria confirming the good faith of a person. An attempt to develop such a list is made in the paper through the semantic content of the concept of good faith. Conclusions: the author concluded that fixing the eviction signs and the criteria of good faith in the civil legislation of the Russian Federation will make it possible to protect the interests of contractors, reduce the risks and protect the parties from possible fraudulent actions and most fully ensure the performance of contractual obligations primarily on the part of the seller.

scholarly journals INTERPRETATION PROBLEM CRITERION OF CONFERENCE, LIMITING THE SCOPE OF THE MECHANISM ACQUISITION

2021 ◽  
Vol 6(72) (3) ◽  
pp. 57-66
Author(s):  
N. A. Ablyatipova ◽  
N. V. Rogozhin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Civil Law ◽  
Good Faith ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Good Conscience ◽  
Interpretation Problem

Based on the analysis of the current civil law, judicial practice and scientific literature, this article explores some of the problems of interpreting good faith as the requisite for acquiring ownership by prescription. The authors draw attention to the limited situations to which the rule on acquisitive prescription may apply, due to the existing official regulatory clarification of the good faith criterion. The work examines the latest practice of the judicial board for civil cases of the Supreme Court of the Russian Federation, which formed a position on the interpretation of good faith, which seems to contradict the legitimate understanding of this condition. In this regard, some situations of life are examined, namely, the seizure of property by moving into an empty abandoned house, as well as the situation when the cohabitant (actual spouse) becomes an independent owner of the property of the owner. Using these examples, the authors show how the problems of interpreting the criterion of “good conscience” as part of acquisitive prescription investigated in the article affect the formation of ambiguous, and in some cases, illegal judicial practice.

scholarly journals Legal Consequences of the Abuse of Rights

2019 ◽  
Vol 3 (1) ◽  
pp. 87-92
Author(s):  
Вадим Овинников ◽  
Vadim Ovinnikov
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Third Party ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
Bona Fide ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

The paper features the sanctions for abuse of the right to an unconscientious person (violator). The ongoing reforms of civil law in the Russian Federation allowed legislators to expand the list of sanctions that can be applied for the abuse of rights. The author introduces a classification of violators that can be punished for the abuse of the right can be applied. The current judicial practice shows that it both victim and mala fide party may assume the roles of plaintiff, defendant, and a third party in court, depending on how they use and exercise their subjective rights within the framework of civil rights. The rules of law governing the refusal to protect the right against a violator may not be applied by the court spontaneously. The author found some hidden forms of behavior of the plaintiff or defendant parties, the purpose of which is to harm the other party, to refuse to satisfy the claim of the bona fide party, i.e. illegal behavior of the defendant, or satisfaction of the claim of the unconscientious party, i.e. illegal behavior of the plaintiff. The civil-law approach to the study of actual problems of abuse of right makes it possible to clarify the essence of this legal phenomenon in the modern civil law.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

TAX IMPLICATIONS OF CONTRACTUAL OBLIGATIONS

2020 ◽  
Vol 2 (9) ◽  
pp. 66-70
Author(s):  
E. N. TOKAREVA ◽  
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Evidence Base ◽  
Control Measures ◽  
The Russian Federation ◽  
The Difference ◽  
Contractual Obligations ◽  
Economic Transaction ◽  
Additional Charges

The article covers the issues of tax consequences of civil law transactions in the light of the application of Article 54.1 of the Tax Code of the Russian Federation. The difference between the concepts of transaction and financial and economic transaction is considered. Recommendations are given on the taxpayer's work at the stage of the draft contract and its execution, on the formation of an evidence base for passing tax control measures at the proper level with minimal risks of additional charges, fines and penalties.

On the issue of re-qualification of a civil contract in the labor contract

2021 ◽  
Author(s):  
N.N. Sokolenko ◽  
J.G. Agarkova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Labor Contracts ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Civil Contract ◽  
The Relationship

The article examines the relationship between the concepts of “employment contract” and “transaction” on the basis of various opinions of scientists and judicial practice, as well as analyzes the legislation of the Russian Federation in the field of determining the powers of tax inspections in relation to the re-qualification of civil law contracts into labor contracts.

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.

Granting the Land Plots for Maintaining a Farm: New Approaches

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Валентина Устюкова ◽  
Valyentina Ustyukova
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Civil Law ◽  
New Approaches ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Land Code

The article is devoted to the previously called ambiguous interpretation of doctrine and judicial practice: how should land for farming be provided — in the auction, or no auction. The changes to the Land Code of the Russian Federation in the summer of 2014 are analyzed, and their assessment is given by the author. The article of the Land Code, admitting, unlike civil law, only one form of auction — auctions is criticized. In particular, in relation to agricultural land the most appropriate form of trading would have been a competition. The author concludes that the farmers, as before, will receive plots of land mainly from auction, despite the presence in the Land Code of the provisions on allocation of land plots without bidding.

scholarly journals PROBLEMS OF QUALIFICATION OF CLAIMS OF CREDITORS AFFILIATED WITH THE DEBTOR IN BANKRUPTCY CASES

2020 ◽  
pp. 26-30
Author(s):  
Y.V. Holodenko ◽  
D.M. Nazemcev
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Positive Development ◽  
Legal Entity ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Bona Fide ◽  
The Russian Federation ◽  
The Law ◽  
Debt Obligation

Along with the positive development of the institution of bankruptcy in Russia, there are mixed problemsin judicial practice. One such problem is the fate of the contractual claims of the controlling persons of theorganization and other affiliated creditors in the bankruptcy of the legal entity. The law does not explicitlyprohibit the financing of a corporation, through civil designs. However, problems regarding the qualificationof such financing methods arise when a society falls into bankruptcy proceedings. In this part, the courtsare faced with questions about the possibility of reclassifying the debt obligation into a relationship forthe precapitalization of society and recognizing the debt model of financing the requirement “arising fromparticipation.” This article is devoted to problems of qualification of claims of “corporate” creditors inbankruptcy cases. Various approaches of the Judicial Board on Economic Disputes of the Supreme Courtof the Russian Federation to loans issued by participants of economic companies are studied. The need toderogate from the position taken by the Supreme Court of the Russian Federation is justified in order toprotect the rights of bona fide participants of economic companies.

THE THEORIES OF THE OBLIGATION OF A REPRESENTATIVE WITHOUT AUTHORITY TO A THIRD PARTY: THE EXPERIENCE OF GERMAN CIVIL LAW AND ITS USE IN RUSSIA

2021 ◽  
Vol 21 (2) ◽  
pp. 199-216
Author(s):  
Yu.V. BAYGUSHEVA
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Third Party ◽  
Tort Liability ◽  
Legal Nature ◽  
Heated Debate ◽  
The Russian Federation ◽  
The 19Th Century

The purpose of the study is to determine the basis of the occurrence and the legal nature of the obligation of a representative without authority in case of refusal to approve the contract conducted by him. To achieve this purpose, the author turns to the history of para. 1 p. 1 and p. 3 of Art. 183 of the Civil Code of the Russian Federation and identifies the theoretical model that underlies these prescriptions. The legal regulation of the obligation of the representative was borrowed by the domestic legislator from the draft and the final text of the German BGB. The prescriptions for this undertaking were formed as a result of a heated debate that unfolded in the second half of the 19th century among German civil law experts. They developed the basic theories of an obligation of a representative without authority: a theory of tort liability, a theory of obligation from a guarantee agreement, a theory of pre-contractual liability and a theory of obligation to protect trust. The last theory turned out to be the most viable and was enshrined in the final version of § 179 BGB, and therefore in the paragraphs of Art. 183 of the Civil Code of the Russian Federation. The essence of this theory is that if a representative without authority concludes a contract on behalf of the principal who then refuses to approve, then a representative has an obligation to compensate a third party (counterparty) for property damage; this obligation follows from the prescription of the law and the trust of a third party in the existence of authority that the representative shows, regardless of the representative’s fault. The obligation of the representative without authority is not a tort liability or obligation from the guarantee agreement; this obligation is precontractual in nature, however, it cannot be considered as liability for unfair negotiation, as it arises without the fault of the representative. The theory of obligation to protect trust has not been well covered in Russian literature. The few domestic authors who answer the question about the basis of the occurrence and the legal nature of the obligation of a representative are supporters of the theory of tort liability, the theory of obligation from a guarantee agreement or the theory of pre-contractual liability.

Compensation of Losses not Related to the Breach of Obligations

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0
Author(s):  
Евгений Четырус ◽  
Evgeniy Chetyrus
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Third Parties ◽  
The Other ◽  
Third Party ◽  
Law System ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Given ◽  
Mutual Agreement

The article considers the concept of “indemnity” that is rather new to national civil law. The analogy of this concept that was borrowed from the foreign law system is reflected in the article 4061 of the Civil Code of the Russian Federation “Compensation of losses which occur due the circumstances stated in the contract”. In particular, the given Article of the Code establishes that the parties to the obligations acting jointly as members of the business activities may through their mutual agreement provide for the obligation of one party to compensate for material losses of the other party which were caused by the circumstances listed in the contract, but unrelated to violation of obligations by the party (losses caused by impossibility of fulfilment of obligations, submission of claims by third parties or bodies of state power against a party or third party which was indicated in the contract, etc.). The agreement between the parties shall determine the amount of losses to be compensated for as well as the procedure for such calculation and compensation. The author concludes that the notion “indemnity” and compensation of losses which are not associated with the violations of obligations, should not be confused since they are not identical legal factors.

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