Pub Date : 2020-12-21DOI: 10.24031/1992-2043-2020-20-5-90-104
A. Turkina
This article attempts to consider the prerequisites for the introduction of a norm that establishes liability for the removal or modification of copyright management information, for the use of a work with removed or modified copyright management information (Art. 1300 of the Civil Code of the Russian Federation). During the analysis, reference is made to the relevant international experience and Russian judicial practice to determine how the mechanism of protection of the rights of authors and other rightsholders laid down in the said article works, whether it requires to be changed and developed.
{"title":"ON THE ISSUE OF ILLEGAL ALTERATION OR REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION","authors":"A. Turkina","doi":"10.24031/1992-2043-2020-20-5-90-104","DOIUrl":"https://doi.org/10.24031/1992-2043-2020-20-5-90-104","url":null,"abstract":"This article attempts to consider the prerequisites for the introduction of a norm that establishes liability for the removal or modification of copyright management information, for the use of a work with removed or modified copyright management information (Art. 1300 of the Civil Code of the Russian Federation). During the analysis, reference is made to the relevant international experience and Russian judicial practice to determine how the mechanism of protection of the rights of authors and other rightsholders laid down in the said article works, whether it requires to be changed and developed.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81915318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-21DOI: 10.24031/1992-2043-2020-20-5-7-72
D. Zaikin
The paper is an attempt in conceptual analysis of the theoretical model of the foundation (Stiftung) in civil law jurisdictions. It concerns correlation between corporations and non-corporate legal persons in Germanic countries and the issue of non-profit organizations along with its applicability to the concept of foundation. On the basis of the German legal doctrine differentia specifica of the foundation is defined to reflect the ideal model of the foundation as a separate form of legal persons.
{"title":"BASIC THEORETICAL MODEL OF THE FOUNDATION IN THE SHADOW OF TWO DICHOTOMIES","authors":"D. Zaikin","doi":"10.24031/1992-2043-2020-20-5-7-72","DOIUrl":"https://doi.org/10.24031/1992-2043-2020-20-5-7-72","url":null,"abstract":"The paper is an attempt in conceptual analysis of the theoretical model of the foundation (Stiftung) in civil law jurisdictions. It concerns correlation between corporations and non-corporate legal persons in Germanic countries and the issue of non-profit organizations along with its applicability to the concept of foundation. On the basis of the German legal doctrine differentia specifica of the foundation is defined to reflect the ideal model of the foundation as a separate form of legal persons.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88796210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-17DOI: 10.18572/2070-2140-2020-6-16-19
A. B. Stepin
A comprehensive approach to the protection of civil rights allows us to consider this legal activity as a set of judicial and non-judicial private and public legal mechanisms. Based on the provisions of article 11 of the civil code, the basis of civil rights protection mechanisms is a continuing security relationship with the prospect of development (resolution) in the civil and (or) administrative-legal order. The General features of protection mechanisms are conflict management with the help of consistently implemented means and methods, filling the shortcomings of legal regulation, minimizing the risks of negative consequences, focus on the real (actual) restoration of the violated (disputed) rights. Differing officially established order (procedure) mechanisms of protection of civil rights, implemented regardless of the applicant’s chosen form of conflict resolution.
{"title":"Mechanisms of Civil Rights Protection","authors":"A. B. Stepin","doi":"10.18572/2070-2140-2020-6-16-19","DOIUrl":"https://doi.org/10.18572/2070-2140-2020-6-16-19","url":null,"abstract":"A comprehensive approach to the protection of civil rights allows us to consider this legal activity as a set of judicial and non-judicial private and public legal mechanisms. Based on the provisions of article 11 of the civil code, the basis of civil rights protection mechanisms is a continuing security relationship with the prospect of development (resolution) in the civil and (or) administrative-legal order. The General features of protection mechanisms are conflict management with the help of consistently implemented means and methods, filling the shortcomings of legal regulation, minimizing the risks of negative consequences, focus on the real (actual) restoration of the violated (disputed) rights. Differing officially established order (procedure) mechanisms of protection of civil rights, implemented regardless of the applicant’s chosen form of conflict resolution.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80727296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-17DOI: 10.18572/2070-2140-2020-6-23-27
E. Trezubov
The article is devoted to the advisability of the simultaneous existence of two named personal means of securing obligations — a suretyship and an independent guarantee. Suretyship is a traditional guaranteeing obligation that has arisen in a modern form in the law of Ancient Rome and has been developing for two millennia. In turn, an independent guarantee is the result of the evolution of an artificially created, or rather, copied from foreign banking practice, to solve the problems of the command economy by the Soviet civil law institute of guarantee. As a result of the permanent reform of domestic law of obligations, the introduction of pro-creditor approaches in the practice of resolving disputes related to securing obligations, the borders between the suretyship and an independent guarantee are washed away. Both of these means today assume a third party’s monetary liability in case of a debtor’s malfunction in a secured obligation (suretyship is de jure, and an independent guarantee is de facto). There are obvious tendencies to give the qualities of accessory independence of an independent guarantee and, on the contrary, to the formation of signs of the abstractness of suretyship. In this regard, the author makes an assumption about the further development of personal methods of securing obligations in Russian civil law.
{"title":"Independent Guarantee and Suretyship: On the Expediency of Establishment of a Sole Private","authors":"E. Trezubov","doi":"10.18572/2070-2140-2020-6-23-27","DOIUrl":"https://doi.org/10.18572/2070-2140-2020-6-23-27","url":null,"abstract":"The article is devoted to the advisability of the simultaneous existence of two named personal means of securing obligations — a suretyship and an independent guarantee. Suretyship is a traditional guaranteeing obligation that has arisen in a modern form in the law of Ancient Rome and has been developing for two millennia. In turn, an independent guarantee is the result of the evolution of an artificially created, or rather, copied from foreign banking practice, to solve the problems of the command economy by the Soviet civil law institute of guarantee. As a result of the permanent reform of domestic law of obligations, the introduction of pro-creditor approaches in the practice of resolving disputes related to securing obligations, the borders between the suretyship and an independent guarantee are washed away. Both of these means today assume a third party’s monetary liability in case of a debtor’s malfunction in a secured obligation (suretyship is de jure, and an independent guarantee is de facto). There are obvious tendencies to give the qualities of accessory independence of an independent guarantee and, on the contrary, to the formation of signs of the abstractness of suretyship. In this regard, the author makes an assumption about the further development of personal methods of securing obligations in Russian civil law.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"216 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83474488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-17DOI: 10.18572/2070-2140-2020-6-12-15
T. Podshivalov
The article analyzes the jurisprudence regarding the decision on the applicability of the statute of limitations to the claim for recognition of property rights as absent. The resolution of the stated dilemma is built by identifying the characteristic features of the claim for recognition of property rights as absent. It is concluded that the statute of limitations does not apply to a claim recognizing property rights as absent, since this requirement is aimed at challenging the registered right to immovable things, and by virtue of Art. 195 of the Civil Code of the Russian Federation, the statute of limitations applies only to claims based on a violation of the law, and not a dispute.
{"title":"The Limitation of Action in Respect of the Claim for Deeming a Proprietary Right to Be Absent","authors":"T. Podshivalov","doi":"10.18572/2070-2140-2020-6-12-15","DOIUrl":"https://doi.org/10.18572/2070-2140-2020-6-12-15","url":null,"abstract":"The article analyzes the jurisprudence regarding the decision on the applicability of the statute of limitations to the claim for recognition of property rights as absent. The resolution of the stated dilemma is built by identifying the characteristic features of the claim for recognition of property rights as absent. It is concluded that the statute of limitations does not apply to a claim recognizing property rights as absent, since this requirement is aimed at challenging the registered right to immovable things, and by virtue of Art. 195 of the Civil Code of the Russian Federation, the statute of limitations applies only to claims based on a violation of the law, and not a dispute.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89101551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-17DOI: 10.18572/2070-2140-2020-6-28-31
Sergey V. Myshyakov
The article analyzes the problems of application of the doctrine of “Piercing the corporate veil” in the Russian civil law. The article deals with the emergence and formation of the principle of limited liability and its relationship with this doctrine, analyzes the legal institutions that lead to the removal of the “corporate shield”.
{"title":"The Use of Piercing Corporate Veil Doctrine in the Russian Civil Law","authors":"Sergey V. Myshyakov","doi":"10.18572/2070-2140-2020-6-28-31","DOIUrl":"https://doi.org/10.18572/2070-2140-2020-6-28-31","url":null,"abstract":"The article analyzes the problems of application of the doctrine of “Piercing the corporate veil” in the Russian civil law. The article deals with the emergence and formation of the principle of limited liability and its relationship with this doctrine, analyzes the legal institutions that lead to the removal of the “corporate shield”.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77053966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-17DOI: 10.18572/2070-2140-2020-6-20-23
E. Tsokur
The article considers the legal status of insurance agents and insurance brokers in the light of recent legislative changes. The provision of insurance services to the population is an urgent topic that requires detailed consideration, especially the legal status of insurance intermediaries causes a lot of discussion. This study examines the legal status, powers and features of insurance agents and insurance brokers. According to the results of the study, it was concluded that it is necessary to introduce legislative amendments to control the activities of insurance intermediaries and to determine the legal status of the document circulation of insurance brokers.
{"title":"Powers and Specific Features of the Activity of Insurance Agents and Brokers","authors":"E. Tsokur","doi":"10.18572/2070-2140-2020-6-20-23","DOIUrl":"https://doi.org/10.18572/2070-2140-2020-6-20-23","url":null,"abstract":"The article considers the legal status of insurance agents and insurance brokers in the light of recent legislative changes. The provision of insurance services to the population is an urgent topic that requires detailed consideration, especially the legal status of insurance intermediaries causes a lot of discussion. This study examines the legal status, powers and features of insurance agents and insurance brokers. According to the results of the study, it was concluded that it is necessary to introduce legislative amendments to control the activities of insurance intermediaries and to determine the legal status of the document circulation of insurance brokers.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85391765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-17DOI: 10.18572/2070-2140-2020-6-3-7
T. Deryugina
The article raises the problem of the use of language tools in the conclusion of contracts, allowing to mislead contractors. The author analyzes the normative and linguistic prerequisites that contribute to the emergence of the possibility of dual interpretation of treaties. A detailed analysis of the legal doctrine and legal acts is carried out. The attention is focused on the rules of law in which incorrect use of the Russian language can not only lead to double current, but also mislead the subject of interpretation. Indicates the issue of double meaning of legal terms, and different interpretation of concepts from the point of view of the Russian language and the Russian legal language. The author studies various means of the Russian language used in the drafting of the text of contracts. There is a critical attitude to the use of evaluative concepts by the legislator, which do not have a clear semantic content and can vary significantly among different subjects of law. The problem of inclusion in the content of the contract of “as if” dispositive and “as if” permissive rules that mislead the party to the agreement is raised. Analyses of the situation to include the erroneous statements due to incorrect syntactic construction of the text of the article. Proposals are made to eliminate the problems associated with the use of language tools in the conclusion of contracts.
{"title":"Linguistic Means of Misrepresentation or Fictitious Permissions in Structures of Civil Law Contracts","authors":"T. Deryugina","doi":"10.18572/2070-2140-2020-6-3-7","DOIUrl":"https://doi.org/10.18572/2070-2140-2020-6-3-7","url":null,"abstract":"The article raises the problem of the use of language tools in the conclusion of contracts, allowing to mislead contractors. The author analyzes the normative and linguistic prerequisites that contribute to the emergence of the possibility of dual interpretation of treaties. A detailed analysis of the legal doctrine and legal acts is carried out. The attention is focused on the rules of law in which incorrect use of the Russian language can not only lead to double current, but also mislead the subject of interpretation. Indicates the issue of double meaning of legal terms, and different interpretation of concepts from the point of view of the Russian language and the Russian legal language. The author studies various means of the Russian language used in the drafting of the text of contracts. There is a critical attitude to the use of evaluative concepts by the legislator, which do not have a clear semantic content and can vary significantly among different subjects of law. The problem of inclusion in the content of the contract of “as if” dispositive and “as if” permissive rules that mislead the party to the agreement is raised. Analyses of the situation to include the erroneous statements due to incorrect syntactic construction of the text of the article. Proposals are made to eliminate the problems associated with the use of language tools in the conclusion of contracts.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91206107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-17DOI: 10.18572/2070-2140-2020-6-7-11
L. Chegovadze
The article reveals the essence of the categories “harm”, “damage” and “loss”, based on the fact that they are fundamentally different: harm is caused, damage is expressed, losses serve as a method of compensation, when it is impossible or undesirable to compensate in kind. The author concludes that harm and damage is something that is always in the property sphere of the victim, while losses can change their affiliation as a provision under a tort obligation.
{"title":"On Recovery of Damage as Granting for a Tort Liability","authors":"L. Chegovadze","doi":"10.18572/2070-2140-2020-6-7-11","DOIUrl":"https://doi.org/10.18572/2070-2140-2020-6-7-11","url":null,"abstract":"The article reveals the essence of the categories “harm”, “damage” and “loss”, based on the fact that they are fundamentally different: harm is caused, damage is expressed, losses serve as a method of compensation, when it is impossible or undesirable to compensate in kind. The author concludes that harm and damage is something that is always in the property sphere of the victim, while losses can change their affiliation as a provision under a tort obligation.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76565037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-17DOI: 10.18572/2070-2140-2020-6-35-38
A. Terentyev
This article is devoted to the management of peasant (farmer) farms, established as a legal entity. The author of this article identifies a number of legal problems (legal conflicts) existing in the sphere under consideration. Based on the analysis of the current legislation of the Russian Federation, legal doctrine and judicial practice, the author concludes that there are no special legal norms directly regulating the management process (determining the structure of management bodies, their competence, etc.) in peasant (farm) farms established as a legal entity. After that, the author brings to the court of the legal scientific community a number of issues that require legislative resolution. In particular, the author raises the question of the principles on which management should be based in peasant (farmer) farms created as legal entities. What is the procedure for convening and holding General meetings in peasant (farmer) farms established in the order of Art. 86.1 of the Civil Code? Are being called into and other questions. Subsequently, the author attempts to formulate his own answers to these questions.
{"title":"On Some Issues of Management in Peasant (Farm) Enterprises Established under Article 86.1 of the Civil Code of the Russian Federation","authors":"A. Terentyev","doi":"10.18572/2070-2140-2020-6-35-38","DOIUrl":"https://doi.org/10.18572/2070-2140-2020-6-35-38","url":null,"abstract":"This article is devoted to the management of peasant (farmer) farms, established as a legal entity. The author of this article identifies a number of legal problems (legal conflicts) existing in the sphere under consideration. Based on the analysis of the current legislation of the Russian Federation, legal doctrine and judicial practice, the author concludes that there are no special legal norms directly regulating the management process (determining the structure of management bodies, their competence, etc.) in peasant (farm) farms established as a legal entity. After that, the author brings to the court of the legal scientific community a number of issues that require legislative resolution. In particular, the author raises the question of the principles on which management should be based in peasant (farmer) farms created as legal entities. What is the procedure for convening and holding General meetings in peasant (farmer) farms established in the order of Art. 86.1 of the Civil Code? Are being called into and other questions. Subsequently, the author attempts to formulate his own answers to these questions.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85923817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：