Реформа гражданского законодательства в свете либеральной экономической теории
The author assesses the foundation of civil law reform from the perspective of liberal economic theory and introduces the possibility of using the methods of economics in legal study. It is proposed to use economic theory as a tool of analysis of the sources of legislation. The author proves the difference of economic and legal relations in the property sector. He formulates the main quality objective economic relations - their absolute freedom. At the time, both the legal property relations are always of a certain measure of freedom.
The paper examines the history and evolution of legal reforms in Russia, describes the basic principles and approaches to its formation, the development of certain institutions
This article reviews the functions of transaction avoidance in German insolvency law. First it considers the effectiveness of transaction avoidance law from the point of economics. The author evaluates what incentives are created by the actual transaction avoidance provisions and how do they affect the moment the insolvency petition is filed and the possibility of rescuing the company. Separately the author gives the evaluation of strategies of the secured creditors, whose interests are not the same with the general body of creditors. The second part analyzes the prerequisites which are mandatory for the successful avoidance of the transaction.
In this article consider investigation of philosophical evidence of Economics. As example described Phenomenology as foundation and methodology of Austrian Economics. This issue demonstrating links between ideas of E. Husserl and L. von Mises. Author analyzed condition of mainstream of Economics and his philosophical evidence and conclude that crisis of economics - is the «evidence crisis». Economics can overcome this crisis at the expense of Phenomenology of E. Husserl.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/