No 2 (2019)
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ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. АКТУАЛЬНЫЕ ПРОБЛЕМЫ ГРАЖДАНСКОГО ПРАВА
25-32 632
Abstract
The digital economy is currently evolving, society is rapidly moving into the digital age. At the same time, environmental problems and limited resources are gradually changing their attitudes toward their consumption culture: there has been a tendency to shift from a consumer society to a sharing economy, characterized by the collective use of goods and services. These trends are manifested in various areas, including in the field of transport infrastructure. Currently, car sharing is defined as a type of short-term car rental. The legislator does not provide a definition of what type of lease agreement can be attributed to car sharing, does not provide clarity and analysis of the contracts that are proposed to be concluded with the sharing companies. The car sharing agreement is proposed to be treated as a rental agreement, a non-crewed rental agreement, as a mixed or as an unnamed agreement, which requires a more detailed study of the indicated problem.
33-45 354
Abstract
The article attempts to identify the most significant problems of professional liability insurance at the present time and ways to overcome them in order to form an independent type of liability insurance. The need to introduce general norms of professional liability insurance is justified by the differences of such a contract with insurance contracts of contractual and tort liability, as a complex, having features in the subject composition, insurable interest, insurance risk of the contract. Formation of special legislation on professional liability insurance of individual subjects is a necessary element of the professional liability insurance system due to the significant features of the implementation of various types of professional activity: the degree of insurance risk, the types of consequences of improper performance of duties, the provability of the insurance case, the calculation of the amount of insurance compensation. The introduction of compulsory professional liability insurance is possible only with a significant degree of formalization (standardization) of the professional activity process. The article also defends the idea that under a compulsory professional liability insurance contract the beneficiary’s interest is insured, the person’s in whose favor the actions of the professional subject were carried out as well as the third parties which may be harmed by improper performance.
46-53 203
Abstract
The article is devoted to preemptive rights and legal interests in case of invalidity of deals, the place of preemptive rights and legal interests in case of invalidity of deals is determined, their place in the system of modern preemptive rights.
54-63 255
Abstract
Contemporary social and economic context of sharing arising new questions of using legal links organization models such as options and related to agreements. Option is suggested to be legalized in Conception of development of Russian legislation. Then it was fixed in Project of making amendments to the Russian Civil Code, based on Project’s points, the Law by 08-th of March 2015 devoted to amendments to the Russian Civil Code introduced option for contract conclusion and option contract in articles 429.2 and 429.3. In the civil doctrine statute of option for contract conclusion and option contract arose critical opinion. The legal nature of option constructions is ambiguous in context of derivatives. The idea, legal nature, basic features of options, their correlation to other constructions, the doctrine and legal practice are analyzed in the article. The role of option constructions is determined in sharing economy.
64-74 824
Abstract
Charitable organizations are special entities. Their successful activity promotes the development of many social sectors. The nature of relations in which charitable organizations are entering for the realization of their socially useful goals assume the availability of their civil legal personality. At the present time the regulation of civil-law status of charitable organizations is characterized by series of uncertainties and contradictory issues. It lowers the efficiency of function of these legal entities, including in the sharing economy. The article is based on the analysis of current regulatory provisions and their practical applications that reveal the main limitations of the legislation on charitable organizations. In particular, the plurality of normative acts regulating the civil-law status of charitable organizations are noted, and the absence of the necessary interrelation between them. The author draws attention to the vagueness of the concept of charitable organization and their characterizing features, establishes the problems regarding the notion of civil capacity of charitable organizations are established. In the result, the conclusion is formed regarding the necessity of carrying out the next stage of the reform of civil legislation on legal entities in the course of which it is necessary to determine the place of charitable organizations in the system of legal entities and to clarify the characteristics inherent to nonprofit organizations of a special kind; to strengthen the possibility of formation of charitable organizations only in certain legal forms, adequate to their purpose and methods of activity; more clearly establish the scope and content of their civil capacity. It will expand the legal opportunities of charitable organizations in the sharing economy.
75-85 1829
Abstract
Currently, science and technology have come close to the active implementation of artificial intelligence systems in various spheres of society. The purpose of this article is to attempt to identify some of the legal problems that arise or are potentially capable of arising in this connection in the future. With the development of science and technology, artificial intelligence will gradually receive opportunities to perform independent, including legally significant, actions. The article considers artificial intelligence as a thing with the function of artificial intelligence, provided with the help of special programs capable of learning based on the analysis of their own successful and erroneous actions and characterized by autonomous (that is, not requiring operator intervention) work. Today, there is no doubt that artificial intelligence systems are objects of civil law relations. But artificial intelligence is increasingly entering various spheres that were previously considered accessible only to humans - this, in particular, the creation of works of literature and art. The article analyzes the problem of determining the author of such works. Artificial intelligence is also included in those areas where its activity can directly affect the lives and health of people, such as medicine and transport. The article deals with the problem of liability for harm that may be caused by a device with artificial intelligence. The article also considers the possibility of assigning the status of a subject of law to robots with artificial intelligence.
86-99 255
Abstract
The article is devoted to the distinction between guarantees and joint obligations. The author substantiates the approach according to which the guarantor has his own obligation, different from the obligation of the main debtor. At the same time, it is stated that the solidarity of the responsibility of the guarantor should not lead to the conclusion about the solidarity of the obligation common to the main debtor and the guarantor. As examples confirming the independent nature of the obligation of the guarantor are given: differences in the consequences of the fulfillment of the obligation by the principal debtor or guarantor, the possibility of the guarantor making objections available to the principal debtor, the right of the guarantor not to fulfill his obligation until the creditor realizes the right to set-off against the principal debtor, the right of the guarantor not to discharge his obligation until the creditor claims the principal debtor in his bankruptcy proceedings, lady termination of the obligation of the guarantor, the consequences of termination of the principal obligation of the guarantor, the consequences of missing the limitation period in respect of the creditor against the principal debtor, and others. Taking into account the different legal nature of joint obligations and sureties, it is proposed to clarify paragraph 52 of the Resolution of the Plenum of the Russian Armed Forces of November 22, 2016 No. 54, excluding the second paragraph from it.
АКТУАЛЬНЫЕ ПРОБЛЕМЫ СЕМЕЙНОГО ПРАВА
100-116 665
Abstract
In the present article, the author explores the controversial issues of judicial practice arising from the division of joint marital property, in particular, the problems of dividing housing that are pledged, specialties of the division of shares in the authorized capital of companies, etc. In this paper, the author also analyzes the order and specifics of the contractual regime of the property of spouses. As a result, the author comes to the conclusion that in the event of substantial disproportionality (for example, if a spouse transfers a significant part of the common property due to the marriage contract, with equal participation in the formation of this property of the other spouse, and the other spouse receives a small part of the property or debts) of family agreement courts may apply to these agreements Art. 1, 10 of the Civil Code of the Russian Federation, which do not allow the parties to the contract to extract benefits from their unfair behavior.
117-123 321
Abstract
The article offers an analysis of the scientific heritage of Professor A. M. Nechaeva on the issues of legal protection of the interests of the child in the domestic law. We study her understanding of the interests of the child, their importance in the system of social ties, the methods of legal recognition, provision and protection of the said interests. The influence of international integration processes in the system of relations for the protection of the interests of the child is noted. An assessment is made of possible options for legal protection of the interests of the child within the framework of an integrated intersectoral approach. At the same time, specific mechanisms for the operation of law are proposed, in particular, the use of legal presumptions. Among the considered aspects of the legal protection of the interests of the child, the discussion points of the independence of the legal status of the child and its implementation outside are highlighted, including in the context of the realization of the rights of parents. A separate place is given to the problem of state care for homeless children, the search for solutions to problems of legal protection of their interests. The accent is placed on the place of the child’s interests in the family. Particular attention is paid to the problem of priority protection of the interests of the child. At the same time, a provision is adopted as a basis in which any private interests in family law are considered exclusively as family interests.
124-130 643
Abstract
This paper presents the history of development of child-parent relations in Russia, analyzes the issues of formation of the institution of personal non-property rights and obligations of children and parents, focuses on significant changes in the legal status of the child, which occurred in the XX century. The application of specific historical and systemic method of research allowed the author to prove that the formation of this legal institution was significantly influenced by the specifics of the economic and political system of our country in various historical stages, as well as national, domestic, religious features and traditions of Russian society. According to the results of the study, on the basis of a comprehensive analysis of theoretical and regulatory sources, it is concluded that the need to change the approach of the legislator to determine the ratio of family rights and responsibilities of children in order to increase the authority of parents in the family and society. The article is devoted to the memory of doctor of law, Professor Alexandra Matveevna Nechaeva, an outstanding expert in the legal regulation of personal non-property family relations.
FOREIGN EXPERIENCE
131-138 226
Abstract
From the standpoint of legal defectology and systematization of law a comparative analysis of the concept of “living space" as an object of housing and civil rights, its features/elements under the legislation of the CIS countries. The basic defects of the right on elements are revealed: the room, isolation, suitability for permanent residence, real estate and its state registration, patrimonial and specific concepts in relation to category “premises". The conclusion about the relevance of the unification of the conceptual apparatus is made and the directions of its improvement are proposed.
SCIENTIFIC RESEARCH
139-146 675
Abstract
The article deals with the problems of legal regulation of cryptocurrencies, analyzes the risks of using blockchain technology in terms of antitrust and competition law. It is concluded that the legal regulation of cryptocurrency as a means of payment requires an integrated approach and is impossible without taking into account the features of blockchain technology, it is necessary to introduce technical precautions in the execution of any possible court decisions in this area, as well as the creation of a single platform between all participants of future blockchain applications.
TRIBUNE FOR YOUNG SCIENTIST
147-154 565
Abstract
The article is about the security assignment of a monetary claim as new civil method which covenants creancor’s rights and legitimate interests in obligations legal relationship. The problem is at issue for inconsistent appropriation of security measures of ensuring ways to means of securing an obligation. Means of securing an obligation’s approximate summary is indicated based on regulatory normatives analysis and different theoretical contemplations. The question of legal nature and special aspects of security assignment of a monetary claim is under investigation. Models of contractual relationship with the condition of security assignment of a monetary claim are analyzed in the article, standard for appropriation of security assignment of a monetary claim to security measure or means of securing an obligation is defined. Practical significance of security assignment of a monetary claim’s legal nature is defined.
155-163 1003
Abstract
The article concludes that filing a claim for the recovery of corporate control is a special case of applying legal recognition of right as a general civil remedy stipulated by Article 12 of the Civil Code of the Russian Federation. The article suggests that corporate legal relationships should be classified as primary and dependent (derivative). The article contains arguments in favor of the opinion that filing a claim for the recovery of corporate control is aimed at confirming the primary corporate relationship between a plaintiff and a corporation, including its element in the form of interest in the corporation. This claim does not cover remedies arising from derivative corporate relationships. It has been acknowledged that the legal interest of a plaintiff filing a claim for the recovery of corporate control consists in participating in the corporate relationship in order to exercise the right with respect to an interest therein. Such a concept of the remedy in question makes it possible to overcome certain problems related to the protection of corporate interests. It has been concluded that using the claim for the recovery of corporate control should not be limited to claiming the recovery of corporate control pursuant to paragraph 3, Article 65.2 of the Civil Code of the Russian Federation. Civil law provisions regulating recognition of a right as a civil right remedy should specify basic rules for its application rather than limit the scope of its application.
OFFICE EVENTS DIGEST
LAW IN HISTORICAL REFRACTION. Legal Monuments
ЮРИДИЧЕСКОЕ НАСЛЕДИЕ
POST SCRIPTUM
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)