scholarly journals Reduction of Property Liability: Problem Setting

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 18-21
Author(s):  
Dmitriy A. Malbin ◽  
Keyword(s):  
Free Will ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Legal Practice ◽  
Legal Rules ◽  
Wide Experience ◽  
The Right ◽  
Problem Setting

The article deals with an issue of reduction of liability in the civil law. The Civil Code of Russian Federation includes handful rules, which allow the court to reduce liability of a debtor. However, such rules are applicable to different events and there are no universal rules applied to all events of property (economical) liability. For instance the court ought to reduce liability of a debtor in case both a creditor and the debtor are failed an obligation as well as the court is entitled to reduce liability of the debtor when the creditor facilitated increasing an amount of his losses. The court reduces an amount of penalties in event of such the amount is obviously not equal to the result of aftermath that an obligation was failed by debtor. In cases related to damnification the court has the right to reduce liability of tortfeasor based on his property status unless they caused damage intentionally. Yet there are many rules of property liability simultaneously do not allow to reduce such liability, for instance liability for violation of intellectual rights, rights of consumers (when a seller refuses to fulfil a demand of a consumer on his own free will), etc. Since there are sort of such rules, the court occasionally forces to apply the art. 333 of the Civil Code to Russian Federation, meanwhile the legal practice of applying this article is inconsistent. The reason of that inconsistency is there are no legal rules of reducing liability which regard all types and events of property (economical) liability. However the legal practice has a wide experience and knows many methods of reducing property (economical) liability. The author points out that it is time to formulate universal rules of reducing liability applied to all events of property (economical) liability on the basis of scattered rules of the Civil Code of Russian Federation and legal practice of its application.

SECURITIES AS AN OBJECT OF CIVIL LEGAL RELATIONS AND THEIR CIVIL PROTECTION

2020 ◽  
Vol 2 (3) ◽  
pp. 140-144
Author(s):  
L. V. YAKOVLEVA ◽  
◽  
Yu. S. ZHARIKOV ◽  
Z. A. IVANOVA ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Civil Protection ◽  
The Russian Federation ◽  
The Right

This article discusses possible options for protecting the right of holders of uncertified securities to use them in their interests from the perspective of current civil law. In particular, it considers the possibility of applying a violated claim to the violated right of ownership of these securities. Analyzing the latest changes in the first part of the Civil Code of the Russian Federation and industry legislation, the authors come to the conclusion about the possibility of such a lawsuit, but against BCB, which has the attributes of a thing.

scholarly journals SPECIFIC FEATURES OF INHERITANCE OF PROPERTY ENCUMBERED BY A LIFE ESTATE AGREEMENT (PART ONE)

2020 ◽  
Vol 8 ◽  
pp. 37-41
Author(s):  
Anton V. Myskin ◽  
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Prior Consent ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

As it is known, any owner of a thing can quite freely and independently bequest such a thing in favor of any person chosen by him. However, if the person is the owner within the framework of the rent contract (rent payer), his or her authority as owner is significantly limited by the rules of civil law. Article 604 of the Civil Code of the Russian Federation establishes that the payer of rents has the right to dispose of or otherwise encumber property only with the prior consent of the recipient of the rent. The content of this rule in practice raises one very important question. Does the rent payer have the right freely to bequest property encumbered by the rent agreement, or does it have to obtain the consent of the rent recipient for such an order? Finding an answer to this question is the subject of this article.

scholarly journals SPECIFIC FEATURES OF INHERITANCE OF PROPERTY ENCUMBERED BY A LIFE ESTATE AGREEMENT (PART TWO)

2021 ◽  
Vol 1 ◽  
pp. 36-40
Author(s):  
Anton V. Myskin ◽  
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Prior Consent ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

As is known, any owner of a thing can quite freely and independently bequest such a thing in favor of any person chosen by him. However, if the person is the owner within the framework of the rent contract (rent payer), his or her authority as owner is significantly limited by the rules of civil law. Article 604 of the Civil Code of the Russian Federation establishes that the payer of rents has the right to dispose of or otherwise encumber property only with the prior consent of the recipient of the rent. The content of this rule in practice raises one very important question. Does the rent payer have the right freely to bequest property encumbered by the rent agreement, or does it have to obtain the consent of the rent recipient for such an order? Finding an answer to this question is the subject of this article.

Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang -Undang Hukum Perdata sebagai Syarat Batal dalam Perjanjian Kredit Perbankan

2017 ◽  
pp. 65-89
Author(s):  
Rocky Marciano Ambar ◽  
Budi Santoso ◽  
Hanif Nur Widhiyanti
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
Civil Law ◽  
Banking System ◽  
Civil Code ◽  
Bank Credit ◽  
Dominant Position ◽  
Legal Implications ◽  
Credit Agreement ◽  
The Right

Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.

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 THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

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".

Mediation as a Final Settlement in Bankruptcy Disputes

2020 ◽  
Vol 8 (4) ◽  
pp. 1456-1462
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Research Approach ◽  
Peace Agreement ◽  
Legal Principles ◽  
Legal Rules ◽  
The Government ◽  
The Right ◽  
Final Settlement ◽  
Made In

This study seeks to examine the concept of final mediation in the settlement of bankruptcy disputes as a form of alternative dispute resolution which has been opted by the disputing parties outside of court. The study used a normative legal research approach by investigating legal rules, legal principles, and legal doctrines to answer the legal problems faced. The results of the study show that the mediation is only a voluntary option as the Supreme Court’s Decree on Bankruptcy does not require any mediation in the settlement. It will be argued that the process of mediation is cheaper, faster, and simpler than the settlement process through the court. The implementation of mediation as a final settlement in bankruptcy disputes is a form of a person's civil rights that must be respected and upheld high as a form of agreement and contract made in accordance with Article 1320 in conjunction with Article 1338 of the Civil Code. The principle is an embodiment of the philosophy of natural law stipulating that rationally human being is given the right to freedom to perform acts. The final mediation for the settlement of bankruptcy disputes should be based on a peace agreement made by both creditors and debtors in good faith with reference to articles 1851, 1858 of the Civil Code and article 1338 in conjunction with article 1320 of the Civil Code. Thus, the study suggests that it is necessary to establish a national private mediation institution by the government or by the competent authorities.

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 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.

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