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The article is devoted to the consideration of the concept of commorientes in French and Russian inheritance law. The commorientes are individuals, entitled to inherit, reciprocally, to each other and considered to have died at the same moment, from the inheritance’s point of view. The commorientes do not inherit reciprocally. The work focuses on how French and Russian law determine the notion of commorientes. Inheritance rules, regarding the commorientes in France and Russian Federation from the beginning of the 19th century are analysed; subsequently, their current versions in force in the French Civil Code and the Russian Federation Civil Code are compared. Particular attention is paid to the issue of the time of the inheritance opening. In the Russian legislation this issue has not been unambiguously resolved for a long time. The article presents the evolution of the Russian and French rules on inheritance after the commorientes. In French law, presumptions of survival have been in effect for many years, allowing to determine the sequence of deaths of people who died as a result of the same event. The article contains the rules of the current legislation in France and in the Russian Federation, as well as suggestions for their improvement.
In the article of V.N.Sinelnikova, Doctor of law, Professor of the Chair of Civil and Business Law of the National Research University Higher School of Economics, member of the Scientific Advisory Council of the Supreme Court of the Russian Federation (Moscow, firstname.lastname@example.org), the features of the use of the exclusive right to patent-protected seeds (selection achievements in the field of crop production), lawfully entered into civil circulation on the basis of a license contract are considered. The author argues that the exclusive right of the patent owner to such seeds is terminated (exhausted) and the buyer can use these objects after the expiration of the license agreement for the production of commercial grain without the consent of the patent owner and without paying him\her remuneration. The opinion was also expressed on the effectiveness of contracts for the alienation of protected results of selection activities, in which the limits of disposal of purchased patent-protected seeds are agreed.
The Chapter considers general picture of soft law in modern banking regulation and supervision and raises the question about achievements and challenges in the course of its implementation.
The main problem of the efficiency of modern soft law in global financial governance lies not in the willingness or unwillingness of the countries to follow the standards of soft law, but to a certain degree in the quality of the content of sodt law itself.
In fact, modern global soft law in global financial governance is not global in the deepest sense of the word. It is global in that it is developed by the leading industrialised countries, and is being expanded around the globe. But the true globality comes from a different approach - from elaborating the standards which take into consideration not only the desired outcome, but legal realities of the countries, cultural differences between different jurisdictions, with an understanding that the same rules may lead to different and sometimes even negative outcomes in different cultures.
The time has come for the soft law of global financial governance to take into consideration not just the technical aspects of the industry, but legal and cultural differences between the countries to develop a set of standards, which not just pursue some important targets, but provide for a balanced financial system, where interests of the parties are balanced when pursuing this important public law objective. Otherwise the soft law may develop into another tool of international pressure, instead of efficient system of regulation.
A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political and philosophical. The aim is to identify how Russian interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law.
Russian Discourses on International Law explains Russia's interpretation of international law thrugh the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behaviour in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, pholosophy, or general graduate students, lawyers, think tanks, government departments, and specialised Russian studies programmes will find this book helpful.
In this article author analyses the question, who has to prove good faith acquisition of someone else’s property when a vindication claim is submitted. Does the good faith acquisition has to the objection of the defendant or does proving to the contrary constitute an element of proof for the property rights of the plaintiff? The article is based on the analysis of judicial and legislative changes of the Russian law. The author maintains that Article 223(2) of the Russian Civil Code makes a bona fide purchaser for value the new owner — by virtue of the law — of a thing which has been alienated from the owner at his own will, so the plaintiff seeking vindication has to prove the right of ownership; therefore, it is the plaintiff who must prove the absence of the good faith acquisition.. The author explains how to obtain evidence of gratuitous acquisition and/or bad faith on the part of the defendant, and admits that in disputes over the rights to real estate one can refer to a registration case as a source of evidence, while titles to movable property are registered in no single source so proving the plaintiff’s right to it is extremely difficult.
In this article, the author on the basis of Russian judicial practice formulates and analyzes the conditions for upholding actio negatoria.. According to the author, these conditions boil down to the following: violation of the right of the owner ; the causal connection between the violation and the actions of the defendant, as well as the unlawfulness of the actions of the defendant. These conditions coincide with the conditions for satisfaction of the tort claim. The similarity of an actio negatoria with a tort one is caused by the fact that the law does not formulate conditions for upholding of an actio negatoria , but only declares the owner’s right to demand the elimination of a violation of his right not related to the loss of possesion. . When considering a dispute over an actio negatoria and in the absence of a detailed regulation of its conditions, the court, by analogy, applies the rules on tort. The author believes that this situation is acceptable, since an actio negatoria is a form of tort in the field of property.
The paper considers the problems of officials’ participation in proceedings on administrative offences as well as unification of administrative procedural legislation, which can be taken into account in developing a new Code of Administrative Offences of the Russian Federation.
The article examines three categories of directors in English and Russian corporate law. These include: de jure, de facto and shadow directors. Upon analysis of English case law, the author comes to the conclusion that there are two approaches to the understanding of de-facto directorship — a narrow one under which a de-facto director is a person who has not been properly appointed as a company’s director, and a broad one under which it is irrelevant whether there has been an act of election; what is important is whether a person has behaved as if (s)he were a director. It is the broad approach which gives rise to the problem of drawing a line between de-facto and shadow directorship. The article provides a comparative analysis of de-facto and shadow directorship with the notion of a controlling person in Russian corporate and bankruptcy legislation.
An imbalance of interests can arise not only in favor of the copyright holder against the interests of society. But also against the copyright holder in the interests of another copyright holder. With regard to performing artists, an incredible imbalance has arisen. AI rights began to be recognized only in 1961, when the Rome Convention on the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations was adopted, which guarantees a minimum amount of rights of performers to their unrecorded performances, giving them not the exclusive right of right holders, but “the opportunity to prevent ". Exclusive rights to performing artists were granted later. Art. 19 of the Rome Convention deprives performing artists of all exclusive rights to recorded performances. The situation is partially overcome. Moral rights were not granted to performing artists under the Rome Convention, they were granted much later. The article considers the development of norms in these three areas (exclusive rights, Article 19 of the Rome Convention, moral rights) in international treaties and the Civil Code of the Russian Federation.
This article deals with exemptions from the rules stipulating the conditions and procedure for launching a mandatory bid as well as the consequences of failure to comply with this obligation. Each exemption has been assessed from the perspective of its policy justification. Apart from exemptions, the article also deals with grounds for release from a duty to make a mandatory offer.