ARCHIVE FOR 2013 RUSSIAN
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Октябрь 2013
CONTENT
INTERVIEW OF THE ISSUE
ON COURT
V.A. Ganzhala Financial Pledge Agreement Financial pledge agreement is a tool frequently used in banking practice, according to which the lender (bank) has the right to debit without further authorization the funds from the debtor’s ( customer’s) banking account to repay the outstanding obligations. The article examines the possibility of application of the above tool in terms of the current arbitration practice and the effective legislation of the Russian Federation.
Keywords:
pledge, non-monetary funds, banking account, banking deposit, property rights under the account (deposit), bank
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K.T. Khatlamadzhiyan Pledge of Corporate Rights along with the Pledge of Shares or Participation Interest in the Authorized Capital of a Business Entity The article is concerned with a study of the possibility of pledging corporate rights along with the pledge of participation interest in the authorized capital of a limited liability company or along with the pledge of shares in the share capital of a joint stock company. The author outlines a gradation of rights granted to a person due to his/her participation in a legal entity (corporate rights). The possibility of provision of certain corporate rights to the mortgagee depends on the nature of such rights.
Keywords:
corporate rights, pledge of corporate rights, exercise of corporate rights, pledge of a participation interest in the authorized capital of a limited liability company, pledge of shares
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E.A. Evdokimova Pledge Against the Security Transfer of Ownership The author poses the question whether security transfer of ownership is a separate and valid means of security or represents a pledge under the guise of another concept aimed at circumvention of a number of mandatory provisions of the law on pledge. Apart from the Russian experience, the author analyzes that of Germany, according to which the security transfer of ownership is clearly recognized as a valid means of security.
Keywords:
pledge, security transfer of ownership, transaction in circumvention of the law
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HOT TOPICS!
ANALYTICS: SPEAKER’S CORNER
K.Yu. Totyev Settlement Agreement in the System of Methods of Competition Protection The article is devoted to the functions performed by settlement agreements concluded with the participation of the competition authority and their correlation in rulings of commercial courts. On the basis of the analysis of recent judicial practice the author sets forth the three functions (proof of legally relevant facts, reaching a compromise between the parties and protection of competition) and insists in cases of their partial complementarity on prioritizing public and legal objectives of concluding settlement agreements. The possibility and the feasibility of such approach are illustrated by the examples of court rulings.
Keywords:
settlement agreement, competition, antitrust legislation, competition authority, means of competition protection, breach of the competition legislation, public law purpose, reaching a compromise and balance of interests, proving the facts
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE
