Article
Концепция смежных кредитных договоров в праве ЕС и ее значение для российского законодательства
The author researches the European legal concept of linked credit agreements, which provides an imperative civil liability of the banks and other financial institutions for the delivery and quality of goods and services supplied by their clients. The concept is aimed at reducing such asymmetries as a lack of knowledge of the consumer about the reliability of suppliers of goods, services that are purchased on credit, the quality of goods and services, as well as the inability of the consumer to influence the terms of the loan agreement and the contract of supply of goods or services purchased on credit. This concept has been developed in recent years at the level of the EU law, although it existed in some EU countries earlier. Russian consumer credit law sometimes unnecessarily uses truncated European approach to civil liability, which reduces the level of consumer protection on the market. The author believes it is advisable to implement the concept of linked credit agreements to the Russian legislation on the protection of consumers of financial services. The move away from the concept adopted in Russia, that the bank is only an abstract settlement center, can also have a positive influence on the development of the mortgage as a way to provide better housing for citizens.
This article focuses on the reverse mortgage as a tool to enhance the well-being of the elderly by providing a way to use owned and occupied real estate to generate income in retirement. We describe the key features and history of the reverse mortgage program in the United States, with a particular focus on the types of mortgages offered, state support for the program, consumer protection and lender regulation. We compare the US experience to that of the other countries with developed reverse mortgage markets, such as the UK, Australia and Canada.
New approaches of the Russian legislation and case-law of Russian supreme courts in financial services
The article analyzes the new Russian parliamentary law and judiciary approaches by the Supreme Court, the Supreme Arbitration Court of the Russian Federation relating to bank lending. The author criticizes a number of new relevant courts decisions of this category, proving the invalidity of arguments of some of them. Also, the author argues the fallacy of the sharp differences in the approaches to the courts to assessment of legitimacy of separate contractual conditions of credit agreements between business and consumer loans.
The author touches upon questions of correspondence between the Civil Code of the Russian Federation rules in their amended edition and the Federal Law of 26 October 2002 # 127-FZ “On Insolvency (Bankruptcy)”. Such issues as the order of a insolvency administrator’s appointment in the procedures of compulsory corporate liquidation and reorganization, establishing creditors’ claims based on subscription agreements, the effect of a court bail in bankruptcy are considered in the article.
This chapter is devoted to the analysis of the impact of the global financial crisis on the nascent housing market in Russia, which started developing less than 10 years ago. At the same time we make an attempt to estimate whether there were "bubbles" in this market. This chapter has the following structure.
It starts with an overview of the housing sector in Russia before the meltdown and analysis of the evolution of housing property rights. Next we look at both the supply side (housing stock and new construction) and the demand side of the situation in housing market before 2009. The section ends with a summary description of the situation in housing mortgage finance and affordability of housing, which is a big challenge for a developing housing market.
The second section analyzes the impact of the global financial crisis on the mortgage sector in Russia and highlights new trends in the housing sector. We focus on government anti-crisis measures in the housing market and the role of government-sponsored organizations. Two main areas of government intervention in the housing and mortgage markets are analyzed: state support of mortgage borrowers and the housing construction industry.
Next we raise the issue of the presence of housing bubble in Russia and analyze main determinants of housing price trends and their impact on housing market.
The chapter concludes with an outline of the housing and housing mortgage markets in Russia.
The article has been examining the ways of transformation of mortgage borrowers' everyday life as well as peculiarities of decision making under uncertainty and high risks closely related to house building and purchase dwelling. Our research is carrying out in Irkutsk since 2007. It shows that mortgage is not only "a school of financial competence". Mortgage is a mechanism of new responsibility's rising (through the person's internal motivation) and new social competence (through the recourse mobilization - personal and person's social network, self-organization and using new social practices). Thus mortgage is "a school of middle class".
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/