CIVIL LAW
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.