ARCHIVE FOR 2017 RUSSIAN
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Август 2017
CONTENT
FREE TRIBUNE
Anton Ivanov Problems Related to Statutory Change in the Start of Ten-Year Objective Limitation Period Following a ruling by the Constitutional Court of the Russian Federation, at the end of 2016 the national
legislator moved back the starting point for the ten-year objective limitation period to 1 September
2013, when it was established as part of Russian legislation. The author does not see this approach
as very effective. First, it takes no account of the fact that the RF Constitutional Court finds retroactive
application of the ten-year limitation unacceptable only in the case of demand liabilities while the
amendments change starting point for all types of extended limitation under the Civil Code of the
Russian Federation. Second, it complicates prescription for possessors. In fact, objective limitation
would give them a chance to use acquisitive prescription without putting possession at risk. This
risk existed because acquisitive prescription was erroneously tied to the running out of the limitation
period. As the limitation period was contingent on subjective elements (the claimant knew or should
have known of the breach), the commencement of acquisitive prescription was uncertain. Therefore,
any attempt to claim acquisition of ownership by virtue of acquisitive prescription could have led to
the loss of possession after the real owner’s demand. The ten-year limitation period which is triggered
objectively by the breach has fixed this flaw. However, now it will end only in 2023.
Keywords:
acquisitive prescription, limitation period, objective limitation period, amendments to the Civil Code of the Russian Federation
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Vitaliy Kalyatin On Certain Developments in International Intellectual Property Regulation International agreements are an important part of the intellectual property protection system across
the globe. This article discusses some major patterns of the global intellectual property regime
and delivers conclusions regarding its further development. The national interest may change and
reasonable participation in a specific international agreement depends on the global role the country
is currently playing. The author finds that neither leaders nor outsiders are interested in concluding
new international agreements, but it is the group of second leading countries that are most interested
in it. One could say that in the near future international regulation will combine specific provisions on
a global scale with bilateral agreements and soft law instruments rather than multilateral agreements;
and the intellectual property regulation will be centered on electronic commerce rather than copyright
protection.
Keywords:
intellectual property, copyright, international agreements, soft law, collective management organizations
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Olga Pleshanova The Effect of Security Transactions in the Parties’ Bankruptcy: Looking for a Regulation Model The article is concerned with the settlement of obligations secured by means of property character in
bankruptcy cases. The emphasis is upon security deposit as a means of securing the performance
of obligations recently incorporated in the Russian Civil Code. The examination also covers other
security means both defined and non-defined in the Russian Civil Code and identifies problems
arising in bankruptcy of parties to the secured obligations. The actual judicial practice shows that
the level of creditors’ claims satisfaction in bankruptcy cases substantially differs depending on
the means of securing the performance of the debtor’s obligation. Some of the security means put
creditors in a positition that is even better than those of pledge creditors. The author argues for the
undifferentiated regulation of the effect of creditors’ claims satisfaction whatever the security means
have been applied.
Keywords:
means of securing the performance of obligations, security deposit, pledge, bankruptcy
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Reinhard Bork Economic Analysis of Transaction Avoidance in Insolvency This article reviews the functions of transaction avoidance in German insolvency law. First it considers
the effectiveness of transaction avoidance law from the point of economics. The author evaluates
what incentives are created by the actual transaction avoidance provisions and how do they affect
the moment the insolvency petition is filed and the possibility of rescuing the company. Separately the
author gives the evaluation of strategies of the secured creditors, whose interests are not the same
with the general body of creditors. The second part analyzes the prerequisites which are mandatory
for the successful avoidance of the transaction.
Keywords:
transaction avoidance, fraudulent conveyance law, economic analysis of law, bankruptcy, insolvency
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