Особенности реализации принципа разумности в договорном праве
The article examines the contents, criteria and characteristics of the principle of reasonableness in contract law. The author summarizes the materials of judicial practice and determines the main trends in the application of the principle of reasonableness by the courts.
The paper examines an inconspicuous influence of the legacy of classical natural law of the 18th century on Russian dogmatical jurisprudence of civil law taking as an example the authoritative “Course on civil law” (1868-1880) by an outstanding Russian statesman and scholar Konstantin Pobedonostsev. Despite the dogmatical purpose of the course and hostility of its author towards European liberal doctrines of natural law, some striking similarities between them could be found, especially in general provisions and principles of contract law, the method of its exposition and inevitable recourse to justice and supra-positive ideal.
Liberal reforms of the 1990s in Russia were accompanied by the appearance and active growth of illegal violent structures. In 2000s yeas of illegal power structures practically disappeared. What brought them back to life and what were the reasons for their disappearance? Does their disappearance mean the victory of the government as a warranton of law and order and of contract law? What is the evolution of violent entrepreneurs in Russia?
This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice.
The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.
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/