Interview of the issue
I Think the Estoppel Will Also Be Adopted Outside of Civil Law
News of the Moscow District Courts
How Can We Prove a Fact of Theft in Insurance?
Analytics: ABUSE OF RIGHT. PROCEDURAL ASPECT
Protection from Burdensome and Time-Consuming Behavior of Parties. Notes on the Russian, French and German Civil Procedure Codes
The article is devoted to the limitations of subjective procedural rights which are permissible in a democratic society if they reduce case load in courts and struggle with parties’ behavior aimed at overextension of the process.
Keywords: civil litigation in Germany, civil litigation in France, procedural penalty, abuse of right
The Efficiency of Sanctions for Abuse of Procedural Rights in Arbitrazh Process
The article explores the abuse of procedural rights by parties of arbitrazh process. The author analyses current legislation and judicial approaches to the imposing of sanctions for such abuses, and concludes that these sanctions are not sufficiently efficient. The author makes an attempt to outline possible resolutions of this problem.
Keywords: arbitrazh process, abuse of procedural rights
Abuse of Right in Procedure Law: Certain Theoretical and Practical Issues
This article focuses on the issues related to some theoretical and practical matters of law abuse in the field of procedural law. Particular attention is paid to the current interpretation of the term “abuse of procedural right” in the legal doctrine, legal classification of the act of procedural abuse, and liability for unfair exercise of procedural rights.
Keywords: abuse of right, offense, liability for the abuse of rights, abuse of procedural right with a view to obstructing justice, abuse of procedural right with the aim of causing losses
Analytics: Open Forum
Determining the Time Frames for the Performance of Contractual Obligations Through an Indication of an Action or Event: Problems and Solutions
The article considers the models used for flexible determination of terms of execution of civil liabilities. The peculiarities of the use of conditional deal constructions and conditional execution at coordination of contractual terms are described. Trends in changing the relevant legislation and judicial practice are characterised. The author gives few examples of admissible and inadmissible variants of formulation of conditions on terms in various types of contracts.
Keywords: term, unavoidable event, conditional transaction, testamentary conditions, conditioned execution, contract
Court Decisions in the International Commercial Dispute Resolution Mechanism by the Russian and US Courts: Topical Issues
The article deals with the problems related to the issuance and execution of court decisions on international commercial disputes. A key feature of the cross-border effect of such decisions is the equivalence of legal effect, expressed in the fact that the operative part of the decision creates the same rights and obligations of the parties to the dispute in several jurisdictions simultaneously. The author arrives at the conclusion that, unlike the US law, Russian law allows for recognition and enforcement only of final decisions of foreign courts in international commercial disputes.
Keywords: international commercial dispute, court decision, execution
Apartment in a Mortgage and Exclusion of an Individual Debtor’s Property from the Bankruptcy Process: Risks for Citizens and Severity of the Law
The article considers the legal regulation and arbitrazh practice on the issue of exclusion of pledged property from the bankruptcy assets within the framework of consideration of insolvency (bankruptcy) cases of an individual. The analysis shows that mortgage lending for citizens is not only a welcome opportunity to purchase real estate, but also a risk of sale of pledged property by the pledgee. The possibility of sale of pledged property is a special norm in relation to the provisions of civil and housing legislation.
Keywords: mortgage, insolvency (bankruptcy), arbitrazh practice, risk for citizens
On Judicial Review of the Legality of Administrative Acts: the Practices of the Kingdom of the Netherlands
The article investigates the experience of the Kingdom of the Netherlands in the field of judicial control over the legality of administrative acts. The author considers the concept and types of administrative acts in the Netherlands, the requirements to them, as well as analyses key procedural aspects of consideration by administrative courts of cases on appeal of acts of administrative bodies, identifying legal institutions similar to domestic counterparts.
Keywords: administrative proceedings, foreign experience, the Kingdom of the Netherlands, judicial control, administrative act
Court Practice Reviews
Review of the Practice of Application of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings” by the Moscow District Arbitrazh Court
Minutes No. 158 of the Working Group Meeting Discussion of the Practice of Application of the Arbitrazh Procedure Code of the Russian Federation