CIVIL LAW

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Khmeleva T.I.

Interpretation of the Civil Law Acts

The focus of the article is put on the different ways of legal interpretation of the civil law normative

acts and contracts. Different points of view on the definition of the legal nature of the Constitutional

Court acts are analyzed.

Issues highlighted in the article are urgent in the domain of application and enforcement of civil

legislation.

Vavilin E.V.

The basis of realization subjective civil rights and execution of obligations machinery

The article is dedicated to the research of system of principles of realization subjective civil rights and

execution of obligations machinery. The author analysed two functional levels of the principles, content

and functions of the principle of guaranteed execution of rights and realization of obligations.

The author grounded conkrete motions for improvement of existing civil rights.

Volkov A.V.

Correlations between the category of “rights abuse” with adjacent legal categories

The article is focused on the correlation between the “abuse of civil rights” category with the

obligations resulted from harm-doing and the obligations resulted from unjust enrichment. The author

analyzes and comments on the similarities and differences in the legal regime of Art. 10 of the Civil Code

of the Russian Federation and in the legal regime of delictual and condicted obligations, according to

their functionality in the civil law.

Sholom E.

The commutative contract rendering of the cosmetology services

in the system of civil-law contracts

In given article the commutative contract rendering of the cosmetology services is considered as a

version of commutative contracts.

There is the inexpediency of a differentiation cosmetology services and works which offers to allocate

the contracts where the subject is the cosmetology work and service, in the separate chapter of the Civil

Code of the Russian Federation.

The author also considers a question to delimit the commutative contracts rendering of cosmetology

services to the related contracts rendering of services.

Adushkina E.Y.

On Banks’ self-incarnation of a mortgaged property when foreclose in an extrajudicial order

The article is dedicated to analyse the essence of Banks activity of self incarnation of a mortgaged

property in extrajudicial procedure. It is mentioned, that such activity can not be qualified as trade,

therefore, banks do not break restrictions set forth in Art 5 of the Federal Statute No. 395-1 dated

2\12\1990 “On Banks and bank activity” in part of prohibition to trade. In order to simplify the

procedure of foreclosure on mortgage subject, the author suggests to specify the Art 5 of the Statute in

part of prohibition of trade, by permitting credit organisations to self incarnate a mortgaged property

in extrajudicial order, and also a property received as a compensation for release from obligation. The

suggested specification will add the list of measures for implementing the Strategy on development of

bank sector, aimed to increase the effectiveness of the institute of mortgage, including broadening the

possibility of using extajudicial procedures to foreclose on the mortgaged property.

Bush I.A.

The problem of the correlation claim from unjust enrichment with requires

of the penalty property to the rent’s contract

This article deals with the questions of the correlation claim from unjust enrichment with requires of

the penalty property to the contract of the rent. In particular, the questions of the correlation average

genera and sum of unjust enrichment. The material of the article is very urgency and demand. And it

has simple and understandable language, many of interesting examples. All of this is advantage of the

article. It will be interesting and useful as to the students and post-graduate students of laws institutes

as to the workers of the law-applicable of sphere.

Tronina O.V.

“Auto” as institute of civil law

The basic statements characterizing “auto” as a sourse of high hazard are considered in the article. The

institute attributes are distinguished and characterized. In the article there is conducted a comparative

analysis of the basic normative acts containing a legislative notion ‘a source of high hazard’ with the

following denoting this category by the author.