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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 devoted to the review of the S.A. Sinitsyn’s book “General Provisions on Real Law: Comparative Legal Research: Monograph”, the author analyzes numerous new ideas and approaches regarding the concept, essence, features, meaning and place of real law in modern legal systems. The author’s critical comments on the current state of the mechanism of legal regulation of real rights in Russia are evaluated, and additional arguments for the new theoretical and practical approaches proposed in the book are presented.
For a long time, Russian legislation did not allow the possibility of establishing a condition on the “fee of success” in the agreement on the provision of legal assistance. With regard to the provision of legal services by lawyers, these restrictions were lifted in 2019. Removing the restriction on the prohibition of the “fee of success” in advocacy and maintaining the prohibition on the provision of legal services by other judicial representatives creates far unequal rules of the game for these members of the legal community. In the legal literature, opinions are already being expressed that a softening of the approach regarding the “success fee” for lawyers will eventually extend to other participants in the legal services market. The article draws attention to the fact that the amendments to the law on advocacy that have come into force are not subject to application until the Council of the Federal Chamber of Advocates develops a rule on the inclusion of a condition in legal aid agreements, according to which the amount of remuneration 320 paid by the principal is made dependent from the result of a lawyer providing legal assistance. It is concluded that in order to determine the content of these rules it is necessary that they do not contradict the legal positions of the highest judicial instances of our country, take into account the prevailing socio-economic and political-legal conditions, doctrinal provisions, features of the legal services market, as well as analogues available in foreign law and order
The authors of the article that the legal structure of the pledge of the exclusive right to a work of architecture is not completed enough and should be studied and analyzed. When conducting research, it is necessary to take into account the specifics of a work of architecture as an object of copyright, as well as the peculiarities of the exercise of intellectual rights.
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 article analyzes a new way for the Russian law and order to transfer public property from one level to another in the form of redistribution. The author analyzes the principles, grounds and order of redistribution. Special attention is paid to the legal nature of redistribution, the issues of the ratio of public and private law in redistribution are investigated.
The article studies the consequences of the debtor’s breach of the obligation to fulfill the pledged
claim (receivable) in favour of the mortgagor, as opposed to the nominal creditor who pledged the
claim. The author criticises the literal interpretation of the rules of the Civil Code of the Russian
Federation, which in fact allows the debtor and the mortgagor to ignore the right of the pledgee to
receive performance under the pledged claim, giving him only the right to debt acceleration. As an
alternative interpretation, it is proposed that, as a general rule, a debtor duly notified of the pledge
of a claim and of a change of the person authorised to accept execution may only terminate its
obligation by giving perfomance to the mortgagee. At the same time, the right to debt acceleration
is an additional protection mechanism for the latter, which does not exclude the use of the main way
to extract value from a claim — the right to independently receive the performance of the pledged
obligation. The author notes that dogmatic explanation of this mortgagee’s right can be seen: 1) in the
institute of creditors’ subordination (where the mortgagee, being one of the creditors along with the
mortgagor, has the exclusive right to receive execution under the pledged obligation); 2) in the institute
of substituting representation (where the mortgagee, being the legal representative of the mortgagor,
substitutes the latter in terms of powers related to obtaining execution under the pledged obligation).
At the same time the paper argues that the said right of the mortgagee to receive performance should
be excluded in the event of bankruptcy of the mortgagor, taking into account the need to protect
interests of other creditors of the latter. Such restriction should not deprive the pledgee of the right
to receive satisfaction of his claims (within the limits established by the Law on Bankruptcy) prior to
unsecured creditors from the property delivered to the bankrupt’s assets by the debtor under the
The article discusses the construction of the right of the necessary road as a restriction of ownership in the interests of a neighbor. This right is not known to the Russian law. Proposals for its introduction were made in the last century in the process of discussing the draft of the Civil Code of the Russian Empire. The construction of the necessary road law is widely used in many foreign law and order as neighborly law along with a private easement. Foreign doctrine and judicial practice distinguish between a private easement and the right of the necessary road as neighboring law. The relevance of introducing the construction of the necessary road law into the domestic law and order is due to 103 Irina Emelkina. The Right of Access to Public Road as a Restriction of Property... Р. 84–104 the modern reform of Russian property law. An extensive judicial practice testifies to the practical need of this institution in our country, which shows the insufficient design of private and public easements to regulate relations between neighbors when establishing the right of passage (thoroughfare) to a public road. The article reveals the concept of the law of the necessary road as neighborly law, its essence, the conditions for establishing, delimiting from the property easement, determining the fee and exemption from it. The prerequisites for the introduction of this design into current Russian law are justified. The purpose of the article is to justify the need to develop the institution of the necessary road as a restriction of ownership in the interests of a neighbor (neighborly law) in Russian civil law. Based on the study of Russian doctrine and jurisprudence, a number of conclusions and proposals are prepared regarding the essence of the right of the necessary road as a neighbor’s law and the need to separate it into a separate civil law category. The methodology of the paper is based upon general research ways and means (analysis and synthesis, induction and deduction, a system analysis method) and upon methods of legal science (including comparative law, systematic, teleological and historical interpretation of legal norms).
headlines in the article the problem of finding a balance of interests of the author and society when exploitation of architecture works is considered. The conclusion is substantiated that the principle of a reasonable combination of the interests of the author with the interests of society is not fully implemented. To improve the legal structures and legal norms when forming the boundaries of freedom of reproduction and exploitation of architecture, it is proposed to take into account the values of the work of architecture in the social aspect.
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.