О применении последствий недействительности сделки в отношении должника, находящегося в процедуре банкротства
The author discourses on the question of how shall be realized a restitutional claim to a counterparty who himself is subject to bankruptcy proceedings: 1) the property that was alienated on grounds of an invalid transaction is excluded from the bankruptcy estate of the counterpart; or 2) the debtor, who effectively challenged a transaction, acquires a non-monetary claim to a debtor, that is transformed into a monetary claim. It is asserted in the article, that the answer to this question depends on whether to consider a transaction of a property transfer causal or abstract.
The article covers the main characteristic of cession of future claims as a legal act and its place in the system of legal acts. The author considers assignment of future claims as a disposal transaction with an object which does not exist at the moment.
This article is devoted to analysis of peculiarities of the institute restitution in civil law.The article discusses the concept and legal nature of restitution.Formulated general conclusions and judgments in the study area.
This article is devoted to analysis of peculiarities of the Institute restitution in civil law.
Discusses the concept and legal nature of restitution. Analyzes the relationship of restitution and vindication conditia. Formulated General conclusions and judgments in the study area.
The article raises the problem of restitution in the Russian civil law. The author concludes that restitution is not an optimal instrument to regulate the consequenses of invalid transactions.
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/