RU ENG

Reviews

Vicarious liability: the practice of the Supreme Court in 2018
Vicarious liability: the practice of the Supreme Court in 2018
In 2018, the Supreme Court of the Russian Federation repeatedly addressed the most difficult issues, which on the one hand were not reflected in the Decision No. 53, and on the other - caused the greatest difficulties in judicial practice. We have collected the most interesting cases in this review.
20 February 2019
News digest of legal regulation of bankruptcy (November-December 2018). Issue №20
News digest of legal regulation of bankruptcy (November-December 2018). Issue №20
The latest legal news from the field of Russian and foreign legal regulation of bankruptcy, including reviews of news on lawmaking and by-laws, judicial practice, information about high-profile bankruptcies, new Russian and foreign legal literature.
09 January 2019
The Supreme Court’s commentaries on 8 issues related to suretyship
The Supreme Court’s commentaries on 8 issues related to suretyship
Providing suretyship is one of the commonest means to secure performance of an obligation. Courts are not always unanimous in interpreting terms and conditions of suretyship agreements, their duration, legal means of protecting rights of sureties and creditors. Over the recent years, court practice has been established which will help lawyers to resolve contentious matters pertaining to a suretyship agreement.
14 November 2018
Supreme Court of the Russian Federation on assignment of rights and transfer of debts: key points
Supreme Court of the Russian Federation on assignment of rights and transfer of debts: key points
On December 21, 2017, the Plenum of the Supreme Court of the Russian Federation adopted Resolution № 54 clarifying the rules for application of the provisions of the Russian Civil Code on novation on a contractual basis. Below are the key points worth mentioning.
12 March 2018
The Constitutional Court of the Russian Federation compelled commercial arbitration courts to verify the legality of regulations applied by them
The Constitutional Court of the Russian Federation compelled commercial arbitration courts to verify the legality of regulations applied by them
On December 7, 2017, the Constitutional Court of the Russian Federation adopted Resolution No. 6-П in a case on verifying the constitutionality of Paragraph 13, Article 12 of the Russian Civil Code and Part 2, Article 13 of the Russian Code of Arbitration Procedure. In this Resolution the court concluded that commercial arbitration courts have an absolute duty to verify the parties’ arguments as to the legality of regulations which are subject to application in their case even if such regulations have not been challenged before.
22 December 2017
Delivery of goods: how to prove contract performance?
Delivery of goods: how to prove contract performance?
Frequently, a dispute on collection of debts for delivered goods involves disputing the very fact of transfer of the goods. For instance, by the buyer company or the buyer company’s receiver, if the former is held bankrupt. Go to our review to find out what evidence may be produced to substantiate proper performance of a supply contract.
31 October 2017
May a penalty be claimed if a buyer under a supply contract fails to perform its obligation to make a pre-payment?
May a penalty be claimed if a buyer under a supply contract fails to perform its obligation to make a pre-payment?
Upon analyzing the theory of fictitious litigation proceedings, Alexey Moroz concludes that today substantial obstacles for recovering a penalty for a failure to make a pre-payment are absent. Courts tend to concur that the penalty provision is intended to ensure a creditor’s proprietary interests which may have incurred losses due to non-receipt of the pre-payment.
22 September 2017
The Supreme Court allowed a bankrupt contractor’s guarantee withholding to be kept by the customer
The Supreme Court allowed a bankrupt contractor’s guarantee withholding to be kept by the customer
The Supreme Court allowed a bankrupt contractor’s guarantee withholding to be kept by the customer According to a legal position formulated in the Ruling issued by the Supreme Court of Russia on June 30, 2017 No. 304-ЭС17-1977, the amount of a guarantee withholding, in the event a contractor goes bankrupt, may not be prematurely collected from its customer to be added to the pool of bankruptcy assets, but is subject to evaluation and sale as receivables.
11 July 2017
Will improper performance by the chief accountant of his/her duties on keeping books and records justify releasing the debtor company’s director from vicarious liability?
Will improper performance by the chief accountant of his/her duties on keeping books and records justify releasing the debtor company’s director from vicarious liability?
The duty of properly maintaining accounting books and records is normally imposed on a company’s chief accountant. Will the court accept the company director’s arguments to the effect that he/she has personally ensured all the required conditions for books and records to be kept properly, and faulty (incomplete or inaccurate) accounting documents are due to the chief accountant’s failure to properly perform his/her job responsibilities?
02 May 2017
Does losing a company’s accounting books and records for good cause exclude holding the director of a bankrupt business vicariously liable?
Does losing a company’s accounting books and records for good cause exclude holding the director of a bankrupt business vicariously liable?
Oftentimes, when considering cases on holding controlling parties vicariously liable, it is revealed that accounting books and records have been lost for seemingly solid reasons. Accounting books and records burn in fires, drown in accidents, may be destroyed by rodents or withdrawn by law enforcement bodies in the course of audits and various investigative activities. Do these circumstances evidence lack of grounds for holding the controlling party vicariously liable?
28 April 2017
1 2 3 4 5 6