Relevant Issues of the Judicial Practice in Intellectual Property Protection

Intellectual property is currently one of the key areas of modern civil law relations. In the present article, the authors reviewed and summarized the main current areas of judicial practice in the field of violations related to the exclusive rights to a company name, characters and trademarks.

The Civil Law Liability of Taxi Aggregators

Within the framework of this article, an analysis of the points of view of the authors, who in their works touched on the problems associated with the impossibility of bringing taxi aggregators to civil liability, was carried out, it was revealed that the current regulatory legal acts do not contain a direct rule providing for the liability of taxi aggregators, it was concluded that that the absence of legislation at the federal level creates problems for victims who have suffered from the dishonest actions of taxi drivers to receive compensation for the damage to life and health caused by road accidents, an analysis of judicial practice confirming the problem of bringing taxi aggregators to justice.

A Review of the Monograph The Main Tendencies of the Development of Foreign Corporate Laws by Olga A. Ternova

The review covers the main provisions and conclusions presented in Olga A. Ternovaya’s monograph “The Key Tendencies of the Foreign Corporate Legislation Development”. As a result of the research the author of the monograph reveals such current trends of modern corporate law development as digitalization, socialization, harmonization of norms on counteraction to erosion of taxable base and norms on corporate governance, democratization of corporate regulation, perfection of regulation of transborder bankruptcies. Olga A. Ternovaya’s work undoubtedly contributes to the development of domestic scholarship on corporate law of foreign jurisdictions.

The Legal Nature of Membership in a Self-Regulated Organization in the Financial Market Sphere

The article considers the legal characteristics of membership in a self-regulating organization in the financial market. Attention is drawn to the need to distinguish, first, the relations between a self-regulating organization in the financial market and its members, which are characterized as corporate with a complicated public element, and, second, the relations between a self-regulating organization and its associate members, which do not have a full set of corporate rights and obligations, and whose legal status is determined by the named organization. The article proves the need to improve the current Russian legislation on the legal status of members and associate members of self-regulating organizations in the financial market.

Civil Right Protection Limits: Issues of the Theory and Practice

Civil rights protection is an independent sphere of legal activity where subjective civil rights and powers of state and local self-government bodies and their officials are implemented. Ensuring compliance (coherence, balance) of the implementation of civil rights and individual public powers with the norms(s) of the law is achieved by means of limits (rules) judicial and non-judicial protection. The limits of protection are a system concept that combines the (internal) limits (rules) of the exercise of subjective civil rights (art. 10 of the civil code of the Russian Federation) and (external) limits (rules)of the authority granted (in the proper administrative procedure). They are considered together and characterize the officially established order of protection. When resolving complex issues of law enforcement related to the type of legal proceedings, the choice of the form and appropriate method of protection, etc., the limits allow you to avoid and (or) minimize the possible risks of adverse consequences in the implementation of the right to protection. At the stages of applying, securing and restoring the violated (disputed) right, the limits determine the sequence of implementation of the methods (means) of protection, the model of behavior, the scope of actions (inaction) of the counterparty, etc.

Collection of Debt from a Founder(-s) of a Non-Profit Organization

The article discusses the types of debt of non-profit organizations. Judicial practice of debt collection of non-profit organization from its founder (founders) is analyzed. The provision according to which from the founder (founders) of the non-profit organizations it is possible to collect judicially only accounts payable is proved: debt for goods or services; for the issued bills; debt on payments in the budget and off-budget payments; for compensation; for the received advances. The conclusion is substantiated that it is possible to recover the debt from the founder (founders) of a non-profit organization only with subsidiary (additional) liability provided for in some forms of non-profit organizations: in private institutions, associations and consumer cooperatives. It is proved that in other forms of non-profit organizations to collect the debt from its founder (founders) is not provided by law.

The Content of Special Creditors’ Rights in Case of Reorganization

The main task of company law is to find an adequate balance between protecting the interests of the creditor and those of the companies being reorganised. In this article, based on foreign doctrine, we propose ways to improve Russian legislation to prevent creditors from abusing their rights.

Corporate Rights and Obligations of Members of Self-Regulated Organizations: Some Law Enforcement Issues

The article provides a detailed analysis of the court’s decision on the controversial issues of exercising corporate rights and performing corporate duties by members of self-regulating organizations that are not regulated in detail by the current legislation of the Russian Federation. Attention is drawn to the fact that the specific status of the SRO, the special corporate nature of the rights and obligations of its members requires the establishment of special rules in relation to corporate relations that arise between self-regulating organizations and its members.

Goods Quality Guarantee and Goods Quality Assurance: The Correlation and Demarcation Issue

In this paper, we study the correlation between legal doctrines of merchantability warranty of goods and assurances of quality of goods as a particular case of assurances of circumstances. The possible similarities, but especially differences, have been pointed out. The position of necessity of their identification and differentiation has been presented. The paper also describes the difference between the legal consequences of a breach of the merchantability warranty and the quality assurance as well as some other differences in the legal regulation arising from their correlation.

Reduction of Property Liability: 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.