ARCHIVE FOR 2016 RUSSIAN
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Февраль 2016
CONTENT
FREE TRIBUNE
Raul Sayfullin The Effect of the Settlement Agreement in the Bankruptcy of the Principal Debtor on the Obligation of Surety According to recent case law, surety should be released from his liability when the principal debtor
concludes a settlement agreement in bankruptcy proceedings and this agreement lightens the burden
of the principal debt. The article argues that as a general rule such settlement agreements shall not
affect the obligations of the surety. The author discusses possible exceptions to this rule (in particular,
approval of the settlement agreement by the creditor; absence of grounds for demanding the surety
to perform his obligations at the time of the approval of the settlement agreement). This opinion is
based on extensive experience of the U.S. case law and some progressive ideas of Russian prerevolutionary
civil law doctrine.
Keywords:
settlement agreement, bankruptcy, suretyship
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Dmitry Stepanov Russian Court Practice on Mandatory Tender Offers and Squeeze-Outs of Minority Shareholders This essay provides detailed overview of current Russian case-law on mandatory takeover bids
and minority freeze-outs governed by Ch. XI.1 of Russian Joint Stock Companies Act. The analysis
covers court practice since those rules were first introduced to corporate statute till current days. As it
becomes apparent from current case-law various cassation courts maintain different doctrines while
dealing with a number of crucial legal issues related to mandatory offers and freeze-outs. However
on core freeze-out issues court practice more stable and unified throughout most of court districts.
Keywords:
voluntary offer for shares, mandatory takeover bid, minority shareholders, corporate control, damages
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Ksenia Usacheva Limitation of the Restitution for Rescission of a Contract and Reforming the Law of Obligations in Europe In recent years, many European legal systems started large-scale reform of the law of obligations
aimed, in particular, at the problems of rescission of contract. The rescission may result not only in the
termination of future obligations of the parties but also in the full restitution. The problem is, therefore,
to determine cases in which such restitution should not follow the rescission of a contract. This issue
has long been debated in European doctrine and was taken into account during the reform of the law
of obligations in Europe. The problem of limitations of restitution is also important for Russian law
because it is currently being reformed.
Keywords:
restitution, rescission of contract, reform of French law of obligations, reform of Russian Civil Code
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