Publication

Inheritance with a bankrupt element: its status, consequences and current jurisprudence

Inheritance with a bankrupt element: its status, consequences and current jurisprudence

In case of bankruptcy of the estate, all property included in the inheritance and all debts of the testator are accumulated. However, within the framework of such disputes, ancillary disputes are likely to arise, related to debt restructuring, executive immunity, insurance payments and the establishment of the debtor's good faith. Let's see what the case law says about this.

28 April 2023

Challenging an agency agreement in bankruptcy: problems and judicial practice

Challenging an agency agreement in bankruptcy: problems and judicial practice

Due to the specifics of its design, the agency agreement is widely used in commercial activities. In case of bankruptcy of such companies, arbitration managers are faced with the need to challenge them in order to replenish the bankruptcy estate. In the material, we will consider various situations in which such a challenge is possible, as well as situations in which it is complicated by a number of factors.

20 April 2023

The lawyer of the Exiora Law Firm commented on the amendments to paragraph 3 of Article 453 of the Civil Code

The lawyer of the Exiora Law Firm commented on the amendments to paragraph 3 of Article 453 of the Civil Code

Retroactivity of termination or modification of the contract: lawyers commented on the amendments to the Civil Code.

01 March 2023

Do the general provisions of the contract apply to procedural agreements?

Do the general provisions of the contract apply to procedural agreements?

The judicial procedure, focusing on the adversarial nature, still provides the parties with a chance to settle differences or the procedure for considering the dispute by concluding procedural agreements at various stages of the judicial conflict. However, procedural codes, unlike judicial practice, do not fully disclose the nature of such agreements. In the material, we will consider the features of certain types of procedural agreements, as well as a few judicial practices on this issue.

19 February 2023

The Federal Tax Service of Russia approved the procedure for conducting verification of the accuracy of information included or included in the Unified State Register of Legal Entities

The Federal Tax Service of Russia approved the procedure for conducting verification of the accuracy of information included or included in the Unified State Register of Legal Entities

From February 20, an order will come into force that regulates the grounds, conditions and methods for conducting verification of the accuracy of information included or included in the Unified State Register of Legal Entities, as well as new application forms used when entering information into the Unified State Register of Legal Entities. The experts highlighted the key points of the document.

17 February 2023

Yury Sbitnev, Partner at Exiora Law Office, commented on Resolution of the Constitutional Court of the Russian Federation No. 6-P dated February 7, 2023

Yury Sbitnev, Partner at Exiora Law Office, commented on Resolution of the Constitutional Court of the Russian Federation No. 6-P dated February 7, 2023

Experts commented on the key conclusions of the Constitutional Court of the Russian Federation set out in Resolution No. 6-P dated 07.02.2023 to the EZH-Yurist newspaper.

16 February 2023

Estimated damages in court practice and recommendations for their registration in the contract

Estimated damages in court practice and recommendations for their registration in the contract

The article examines how judicial practice understands pre-assessed damages and how they can be formalized in a commercial contract.

19 January 2023

Assignment of the right to recover court costs. How to arrange it correctly

Assignment of the right to recover court costs. How to arrange it correctly

The article contains an algorithm for the actions of the parties in the assignment of the right to reimbursement of legal costs in the case. At the end, you will find examples of wording for making an assignment as a remuneration for a legal representative.

15 January 2023

The customer did not sign the documents. How to prove work

The customer did not sign the documents. How to prove work

The article contains evidence that will help the contractor confirm the performance of work and collect remuneration. At the end, you will find an algorithm of actions to protect the company from customer abuse.

02 January 2023

Mobilization in bankruptcy. Answers to nine questions that have already arisen in practice

Mobilization in bankruptcy. Answers to nine questions that have already arisen in practice

The article contains answers to questions that bankrupt lawyers had in October 2022. All of them are connected with the mobilization of participants in the bankruptcy case.

20 December 2022