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The purpose of this short manual: to acquaint the reader who speaks English, but doesn`t know Russian, with fundamentals of contract law in Russia, with its most vital concepts and principles. The fundamental issues of contractual law of Russia are also considered: the conclusion, execution, alteration, termination of the contract, methods of ensuring the fulfillment of an obligation, the liability for the breach of a contract. At the end of the manual, some additional resources are provided, the study of which may help to better understand Russian contract law.
This study guide is intended for English-speaking students and lecturers of law universities, graduate students and researchers, practicing lawyers, as well as anyone interested in the issues of contract law of various states.
The article is dedicated to the review of whether a pledgee exercising the rights established by Clause 3 of Art. 358.6 of the Civil Code of the Russian Federation may enforce procedural succession from the pledgor to himself in case of pledge of rights (claims). The author notes that the judicial practice is not unified with respect to this issue: in some cases, the courts see no grounds to satisfy a pledgee’s claim for succession, while in other cases, on the contrary, the courts consider it necessary to perform procedural substitution of the pledgor with the pledgee. The author agrees that a pledge of rights of claim does not automatically result in claim assignment, i.e., there is no full withdrawal of the pledgor from the relations with the debtor in terms of the pledged claim. However, the author believes that this provision should not entail a conclusion that a pledgee should not count on procedural succession. On the contrary, the pledgee is the only person to be acknowledged as the authorized recipient of the enforcement the pledged claim after the default on the secured debt, due to the need to preserve the security function of the pledge of obligations, while the corresponding rights of the creditor/pledgor should be considered not subject to execution. In the author’s opinion, the facts described above allow acknowledging a pledgee as having an opportunity to use the procedural succession mechanism in the reviewed case.
The author attempts to provide for a possible method of comparative studies in the religious legal system, defined hereof as decofessionalisation of the sacral meaning of a religious norm. The substance of the method is a shift from a confessional tradition of understanding of the norm to its deeper sacral meaning. This requires a shift from certain traditional paradigma, at the same time it’s promising as far as it opens a possibility to find those common grounds, which are requested by the modern world as a theoretical background for removal of dangerous modern rivalries
The relevance of the research is based on the heated discussion that has unfolded in recent years in connection with changes of the current legislation on legal regime of animals as objects of civil rights as well as awkward suggestions aimed at essentially reshaping the civilistic concept of animals and establishing their special legal status by recognizing them, albeit with some restrictions, as subjects of legal rights. The purpose is to analyze the genesis of animals’ legislation, including but not limited to international legislation, and to reveal the social significance of norms governing the conditions and procedure for acquisition of animals and the limits and principles of their treatment. The article also aims at voicing the authors’ position on participation in the civil circulation of animals. Research methods applied in the work are as follows: formal-legal, dialectical unity, system analysis, interpretation, modeling, and forecasting. The results of the study (conclusions) are realized in proposing to supplement Art. 128 of the Civil Code of the Russian Federation with a new term property as basic in relation to terms things, other property, and property rights. It is also recommended to expand the range of objects of civil rights by identifying animals as an independent object, clarify the revision of Art. 137 of the Civil Code, presenting in it the definition of an animal as an object of civil rights and reflecting the main criterion for classifying animals (turnover). In addition, a judgment was made on changes in Russian legislation introduced in 2020, including the Law On the Animal World, allowing amateur and sports hunting of animals in semi-free conditions and artificially created habitat. This law clearly contradicts international agreements that allow hunting (capture) of animals only for the maintenance of human livelihood.
This article discusses a method, new to Russian legislation, that allows to define in the conditions of a pledge deed that the deed includes all of the present and future property of the debtor. Since the ancient Rome, this method of identification of pledged property has been known in civil law under the Roman name of general pledge. The author describes the general idea and the conditions of using this legal structure, indicates its essential characteristics, and concludes that presently the capacity of the general pledge cannot be realized for the category of property benefits that is most suitable for it (real estate).
The article deals with the concept of an artificial land plot and critically analyzes its legislative definition. The author establishes the correlation of the concepts "artificial land plot", "artificial island", "hydraulic engineering structure". A proposal is made to eliminate the reference of an artificial land plot to constructions.
In the article, the author raises the problem of a compensatory mechanism for protecting the exclusive right to a work of architecture. The conclusion is substantiated that in the absence of criteria for assessing and misunderstanding the real market value of both the work of architecture itself and the exclusive right to it, the absence of civil circulation of exclusive rights to such works, procedural difficulties of proof of authorship and the emergence of an exclusive right, the compensation mechanism for the protection of exclusive rights does not properly protect rightholders.
The article examines the provisions of the Constitution of the Russian Federation on the right of everyone to education and the compulsory level of education. The persons who should receive education and persons who contribute to its obtaining are determined. The contradictions between the constitutional provisions and the norms of laws regulating educational activities are revealed. Terms that simplify the understanding of the studied norms are proposed, and the introduction of a mandatory minimum educational level.
The monograph is one of the first complex studies of the mechanism of legal regulation of relations connected with smart contracts. It is formed the concept of the legal regulation of relations connected with smart contracts in the doctrinal level on the research. The authors considered following issues: general characteristics of smart contracts; features of applying the principles of civil law to the regulation of smart contracts; issues of regulating the relationship of the parties at various levels (agreement, performance, termination, liability); using of smart contracts in various relationships (B2B transactions, B2C transactions, procurement contract, corporate relations).
The legislation is listed as of May 1, 2020.
This monograph could be useful for researchers and lawyers, law students and others who interested in problems of digital law and digital economy.
The reported study was funded by RFBR according to the research project № 19-11-00538.
The author points out an error in the legislative decision, which is the recognition of a car-place as a real estate object, suggests other ways to solve problems related to the determination of the legal regime of places for storing vehicles in buildings and premises, and proposes to change the rules on the pre-emptive right to purchase (Article 250 of the Civil Code of the Russian Federation).
The aim of this paper is to demonstrate how the domestic theory of legal dogmatics has been affected by the experience of real socialism. To this end, in the first place the Marxist critique of legal dogmatics is reconstructed. Subsequently, three concepts of legal dogmatics are considered: two articulated originally in the response to this critique and one contemporary. It is argued that the image of legal dogmatics in domestic legal theory is paradoxical but stable: despite emphasizing the autonomy of legal dogmatics from legal texts as well as the intention of the legislator, it is argued that legal dogmatics resembles natural sciences. At the same time, attention is drawn to the internal tensions within the discussed concepts. This leads to the conclusion that the discussed concepts of legal dogmatics were neither descriptive nor prescriptive, but they had a solely legitimizing character: their underlying aim was to protect the autonomy of legal dogmatics and — co-construed by the latter — law. Finally, the explanation of this phenomena is provided and attention to dangers associated with it is drawn. In the conclusion, the author argues that there is a growing need for a democratic theory of law.