At first glance, it seems that a student should be able to bring bad teachers to tort liability in the same way that a bad doctor, lawyer, or plumber can be brought to justice. However, there are insurmountable practical obstacles along the way.
It is almost impossible for a judge considering a student's tort claim against an educational institution to measure the real value of the knowledge that the teacher transmits to the student. Not to mention the fact that it is very difficult for the judge to determine whether the teacher's negligence or the student's laziness is the reason for the poor preparation.
As a result, courts, both American and Russian, almost never satisfy tort claims brought in connection with the quality of training. The exception is cases when it is a direct violation of the written law regulating its activities by an educational institution.
Both the United States and Russia rely on administrative mechanisms rather than civil lawsuits to regulate educational activities. Unfortunately, these mechanisms also have their drawbacks.
The article discusses the issue of civil liability of educational organizations for the quality of education with an illustration of the judicial practice of the United States and Russia.
According to the Russian procedural law, the debtor cannot be taken away from his only home in the framework of enforcement proceedings.
"The collection of enforcement documents may not be applied to the following property belonging to a debtor citizen on the right of ownership:
premises (its part) if for the citizen debtor and members of his family jointly living in belonging premises, it is the only one suitable for permanent living quarters, except as provided in this paragraph of the property if it is mortgaged and it is in accordance with the law on the mortgage can be foreclosed..." (p. 1 item 446 of GPK)
The same rule applies in bankruptcy – the only housing can not be touched.
The rule is generally quite reasonable: it would be cruel and unwise to simply kick the debtor and his family out on the street. But what if the debtor's only home is a Palace on Rublyovka, and he has no other assets? Wouldn't it be fair to sell the Palace for settlements with creditors, and give the debtor and his family an apartment in Maryina?
We talked about the legal technique when writing judicial acts, the workload of the highest court and its consequences, the global problems of actual affiliation, the burden of proof, reckless business twists and the Himes case with Yuliy Тауi, managing partner of the Bartolius AB, a professor at the HSE.
In modern conditions of Russian economy, the construction industry and its separate sub – sector – housing construction-need a reliable real right to land, which will protect the interests of the developer and reduce legal risks at the stage of construction of the property.
The property law of modern EU-сountries is distinguished by the possibility of a wide choice of legal grounds for housing ownership and use, flexible response to the dynamics of public relations. In Russia, improving housing affordability and increasing the average level of housing provision and creating a comfortable urban environment are key objectives of the housing development Strategy of the Russian Federation for the period up to 2025. Despite the fact that the population's need for housing has decreased by 1.4 times since 2003, more than 45% of Russian families still need to improve their housing conditions.
The solution of the problem became the main purpose of the building lease in the European legal systems of the first quarter of the XX century. In Russia, the institution of building lease has not previously been considered among the measures aimed at developing the affordable housing market. Therefore, among all the proposed novelties of property law included in draft No. 47538-6/5 "on amendments to part one of the Civil code of the Russian Federation", the right of development deserves special attention. At the same time, the ability of this legal structure (in the version proposed by draft law No. 47538-6/5) to solve the problems of modern construction relations in Russia raises reasonable doubts.