Name
Kamyshanskiy Vladimir Pavlovich
Scholastic degree
•
Academic rank
professor
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
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Articles count: 7
The article is devoted to one of the most disputable
categories of jurisprudence – abuse of rights. Modern
civil legislation contains many of the assessment law.
Interpretation and specification of evaluative concepts
is a challenging intellectual process. Abuse of right is
a consequence of the process of interpretation of
appraisal standards. The law does not allow the
exercise of civil rights with the intent to harm another
person, as well as abuse of rights in any form,
including in the form of circumvention of the law.
The author regards as the already known issues with
the application of the principle of the inadmissibility
of abuse of the right, so new in connection with the
amendments to the Civil code of the Russian
Federation. In particular the principle of good faith is
investigated as a fundamental principle for civil
rights. The article is devoted to the question on the
essence and the legal nature of circumvention of the
law, as well as the notion of circumvention of the law
with unlawful purpose as a form of abuse of right. On
the basis of the study presents the author's notion of
circumvention of the right. The authors have made a
conclusion that the correct interpretation of the
categories of "subjective property law and protected
by law interest" is the key to understanding the notion
of abuse of right. The conscientiousness of
participants of civil relations, as well as the
intelligence is the proper limits of lawful behavior of
the subject civil relationship, the breach of which
allows detecting the signs of abuse of subjective civil
law
This article examines the concept of "circumvention of the law" with respect to Treaty law. The author finds that the direct loan category "circumvention of the law" in Treaty law can be estimated ambiguously. The specified category which is fragmentary reflected in the active Civil codex indicates a regulatory gap
This article deals with civil regulation of using renewable energy sources. To deal with such items we need to understand a clear definition of this concept and to consider the specifics of Public-Private Partnership in such claims
The article analyzes company law rules providing for liability for non-performance of shareholder agreements. Ways to protect shareholders` right are reviewed
The article deals with the civil liability of public entities as a kind of civil legal relationships. We have analyzed the features of this relationship in comparison with a common understanding of civil liability legal relationship, which is not complicated with public-law
entity
The article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving
The article is devoted to one of the most disputable
categories of jurisprudence – to the contents of Building
leasehold. In the article there has been presented the
research of the legal nature of the institution of building
leasehold (superficies). There have been traced the
particulars of formation of the Roman legal (classical)
model of building leasehold and the interpretation of
this institution in foreign civil legislation. It has been
noted that certain countries apply the classical Roman
model of building leasehold while others use the model
of "the shared property" of the land plot and of the piece
of the estate built on this plot. There was conducted the
analysis of the German model inheritance law of
building leasehold on the basis of which there was
made the conclusion about its independent nature and
uniqueness. The historical and the comparative legal
methods of the research have enabled to identify the
essential differences of the employed models of
building leasehold and the specific features of their
application in the countries of roman-germanic law and
in the Commonwealth of Independent States. There
have been studied the approaches of the domestic
civilized doctrine in terms of building leasehold and the
specific features of its implementation in the draft
version of the Civil Code of the Russian Federation.
There has been affirmed that the draft version of the
Civil Code of the Russian Federation admits the
existence of the two models of the building leasehold:
the design one and the classical one. There has been
applied critical approach to the analysis of the design
model of building leasehold in comparison with its
Roman and Germanic legal constructions; there have
been presented recommendations for its improvement.
It is proposed to abandon the temporary ownership of
the premises in the building constructed based on the
Treaty on the law of the land. We proposed to replace it
with a specific property right – "right of superficies". Its
essence consists in the right of possession and use of
facilities of a building constructed in accordance with
the Treaty on the law of the land