Reference:
Vygovsky A.I..
Comparative Analysis of the Methods of Solving of Conflict Aspects Concerning Securities
// Journal of Foreign Legislation and Comparative Law. – 2010. – № 2.
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Review: The present article deals with the comparative legal analysis of the legislative approaches to the conflict of laws problem with regard to the intermediated securities. The author scrutinizes the distinct features of relations between the main participants of the indirect holding system, analyzes the doctrinal approaches in this sphere of conflict of laws, examines the legal regulations of various jurisdictions (Belgium, Canada, France, Germany, Italy, Luxembourg, the Netherlands, the United Kingdom, the United States), as well as the European Union law. It also provides an overview of the Hague Convention 2002 on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary
Keywords: comparative law, securities, conflict of laws, intermediary, securities account, EU Directives, PRIMA
Contact information: Vygovsky Alexander Igorevich, aleks5@ukr.net
Reference:
Emelyantsev V.P..
The Basic Concepts of Insurance Legal Relation under the Legislation of Germany
// Journal of Foreign Legislation and Comparative Law. – 2010. – № 2.
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Review: Actual problems of legal regulation of basic elements of insurance legal relation under the legislation of Germany are investigated in the article. The material is stated with prospect of use of positive experience of Germany for the further development of the legislation about insurance and insurance supervision in the Russian Federation
Keywords: Basic elements of insurance legal relation under the legislation of Germany, a legal status of the insurer and the insured, the insurance agreement, the rights and the responsibilities arising from insurance legal relations, insurance intermediary
Contact information: Emelyantsev Vladimir Petrovich, 6430668@mail.ru
Reference:
Kashanin A.V..
Securing of Personal Non–property Interest of Author of Creation in Great Britain and USA
// Journal of Foreign Legislation and Comparative Law. – 2010. – № 2.
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Review: The work covers the problems of efficiency of securing of personal non–property interest of author of creation in the system of copyright. On the base of analysis of both traditional means of securing of such interest and the means that emerged in the result of reform of 1988 the work provides a number of general conclusions regarding the nature of individual non–property rights, the oportunities to execute these rights and also the process of involvement of values, which earlier have been deemed as personal non–property ones, into the property turnover
Keywords: copyright, intellectual property, result of intellectual activity, intellectual rights, personal non–property rights, exclusive rights, author’s rights, object of copyright
Contact information: Kashanin Andrei Vasil'evich, kashanin.andrey@mtu–net.ru
Reference:
MANUKYAN M.A..
Determination of the Personal Law of a Legal Person in the European Law: Problems of Application of the "Real Seat" Theory
// Journal of Foreign Legislation and Comparative Law. – 2009. – № 2.
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Review: In the article legal consequences of transfer of company’s registered office, administrative centre and main place of business on the base of the practice of the ECJ is examined. The author reveals essential changes in the EC law in the sphere in connection with decisions of the ECJ in cases Centros, Überseering and Inspire Art. It is shown in the article, that by virtue of stated decisions EC member-states had to initiate modification of “real seat” theory or change it into incorporation theory with its special form. The author reveals the development of law and practice of France, Germany, Austria and Belgium. Moreover, it is shown that the ECJ decision in Cartesio case did not lead to the alteration of the EC law on the question of retaining personality of a company in its state of registration when transferring its seat.
Keywords: comparative law, modification, “real seat” theory, EC law
Contact information: Manukyan Mushi Avetikovich, jzsh@izak.ru
Reference:
VYGOVSKIY A.I..
Modern Tendencies of Harmonization of Legislation for Issuing and Placement of Securities
// Journal of Foreign Legislation and Comparative Law. – 2009. – № 2.
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Review: The article deals with the issues of harmonization of legislations regulating the securities markets within the framework of regional international organizations. It covers the main aspects of the issues, offerings and trading in securities, regulated by the EU Directives, scrutinizes the activities of the Eurasian Economic Community and IOSCO in the said sphere, summarizes the results of the harmonization processes up to now. The article would be of interest for the lawyers specializing in European and International Law, legal regulation of securities markets, as well as all those who are interested in the harmonization and unification issues in securities regulation.
Key words: Comparative legislation, securities, harmonisation, EU Directives, Eurasian Economic Community, IOSCO, unification, globalisation, regional integration, issuer
Contact the author:
Phone:
(+38) 093 407 79 70
Contact information: Vygovskyy Alexandr Igorevich, aleks5@ukr.net
Reference:
Belikova K.M..
Control on Reorganization of Legal Persons by Means of Fusion and Incorporation within the Framework of MERCOSUR
// Journal of Foreign Legislation and Comparative Law. – 2009. – № 2.
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Review: The article deals with approaches of antimonopoly enforcement bodies of MERCOSUR (Southern Common Market) countries to the mechanism of control over reorganization of legal persons by means of fusion and incorporation. The author considers the main idea of such a control is to prevent “excessive” concentration as long as it results badly in economic and social sphere and the said influence exceeds it`s positive effect.
Special attention is given to normative acts on protection of competition of Argentine, Brazil, Venezuela, Uruguay etc.
Key words: comparative law, MERCOSUR, Southern Common Market, competition protection, “economic concentrations”, control over fusions of undertaking, reorganization of legal persons, EU
Contact information: Belikova Ksenia Mikhailovna, jzsp@izak.ru
Reference:
Kumaritova A.A..
Trust Contact for Management of Property as the Form for
Organizing Charity Activities: Russian and Foreign Experience
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 4.
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Reference:
Doronina N.G..
Concession Contract as an Independent Kind of Contractual
Obligations in the International Private Law
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 4.
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Reference:
Fauvarque-Cosson B..
European Law of Contracts: Proposals Have Been Made, the Play is
Still Not Started
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 4.
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Reference:
Narmatov N..
Theoretical Aspects of Improving the System of Consumer's Rights in the Provision of Services
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 3.
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Reference:
Vu Tkhi Lan Yan..
Principles of Application of Legislation on Contracts in Vietnam
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 3.
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Reference:
Semilutina N.G..
Notion of "Financial Instrument": Origin, Legal Nature and Evolution
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 4.
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Reference:
Zvekov V.P..
Collision Regulation and Private Law Relations with Foreign Elements.
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 2.
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Reference:
Didenko P.A..
Organs of Internal Audit of Russian Share-Holding Companies in the Light of the Current Tendencies in the Development of Corporate Legislation of the United States and the European Union.
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 2.
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Reference:
Lazareva T.P..
Payments in International Sale of Goods: Bills of Exchange and Promissory Notes and Cheques.
// Journal of Foreign Legislation and Comparative Law. – 2005. – № 3.
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Reference:
Kulikov A.A..
The Role of the Criteria of Predictability in the Establishment of Causal Relationship Between Infringement of Contracts and Losses
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 4.
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Reference:
Yan Immay..
The State of Civil Legislation in Modern China and the Process of
its Codification
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 4.
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Reference:
Gratshev D.O..
Self-Regulating Organizations: Foreign Experience and Tendencies in the Development of Russian Legislation.
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 3.
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Reference:
Solovieva S.V..
Notion, Kinds and Forms of Contracts in the Legal System of the
United States.
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 3.
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Reference:
Birukov D.O..
Means for Ensuring Contractual Obligations under Legislation of China.
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 2.
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Reference:
AuhatovA.J..
Personal Law of Corporate Entities and the Sphere of its Application under the German Law.
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 2.
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Reference:
Belikova K.M..
Application of Legal Acts Regulating Horizontal Agreements Restricting Trade in the European Union and in the Countries of the South American Common Market (Argentine, Brazil and Peru).
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 1.
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Reference:
Devitsyn M.Y..
Collision of Basic Rights of Participants of Contractual Relations
in the Practice of German Courts of General Jurisdiction
(Contracts of Energy Supplies)
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 3.
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Reference:
Zorin N.A..
Conclusion of Contracts in English Civil Law
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 3.
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Reference:
Osakwe Kh..
Doctrine of Consideration in Anglo-American Contract Law:
Comparative-Functional Analysis
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 3.
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Reference:
Zhukov V.S..
Some Specific Features of Inheritance under Legislation of Russia and Switzerland.
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 1.
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Reference:
Solovieva S.V..
Legal Regulation of the Procedure of Concluding Contracts in the
United States.
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 1.
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Reference:
Kashevarova Y.N..
Investment Differences in Insurance of Financial Leasing and
Entrepreneurial Risks under Legislation of Member States of
the Commonwealth of Independent States.
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 1.
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Review: Financial leasing contracts as one the forms of investment activities are broadly applied in the Commonwealth of Independent States. And as any investment activity, they causes many risks. The refore, it is necessary to provide for their insurance. The author compares legal norms and practice of their application in different states of the Commonwealth
Reference:
Merkulova T.A..
Business Partnerships in Legislation of States of Eastern
Europe (Hungarian Experience).
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 1.
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Review: The author analyses the development of legislation of states of Eastern Europe on business partnerships, compares different forms of corporate persons. Special attention is paid to legal experience of Hungary which is not familiar to vast majority of readers.
Reference:
Kornilov E.G..
Comparative Analysis of Belorussian and Russian Legislation
on Consumers Protection.
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 1.
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Review: The article shows in comparative perspective the development of legislation on consumers protection in Belarus and the Russian Federation. The author analyses positive and certain negative implications of legal regulation in this sphere, singles out legal models and solutions which may be used for its improvement
Reference:
Solovieva S.V..
Main Trends in the Development of Tort Liability in US Law.
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 1.
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Review: In the article the author describes main features and peculiarities of tort liability in the United States, shows that it serves different goals: compensating damages, protecting property, preventing illegal acts and so on
Reference:
Didenko P.A..
Boards of Directors of Russian Share Holding Companies in the Light of their Correspondence to the Requirements of Stock Exchange Markets of the USA and European Union
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 2.
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Review: The author studies the legal status of boards of directors of Russian share holding companies from the standpoint of their conformity to the requirements of stock exchange markets in two most attractive regions for Russian investments, the USA and the European Union.
Reference:
Gaidaenko-Sher N.I..
Issues of Legal Regulation of Attached Foreign Employees and Prospects of Legislative Determination of their Status (Experience of Switzerland)
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 2.
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Review: The author analyses the issues of labor law which are not well developed. The author's conclusions may be used for improving Russian labor law in this sphere.
Reference:
Grachev D.O..
Self-Regulating Organizations and Associations (Experience of Legal Regulation Abroad)
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 2.
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Review: The article contains comparative analysis of legislation on self-regulating organizations, shows the present state of appropriate legislation in Russia and the prospects of its future development.
Reference:
Sakovitch O.M.
Alienation of Real Property for Construction Goals under the Czech Legislation
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 2.
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Review: The article focuses on acute issues of settling collisions between private and public interests in the sphere of construction business