Name
Popova Julia Aleksandrovna
Scholastic degree
•
Academic rank
professor
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
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Articles count: 4
The article analyzes company law rules providing for liability for non-performance of shareholder agreements. Ways to protect shareholders` right are reviewed
The article explains the relevance of testaments, committed in extraordinary circumstances. The authors note, that the form of such testaments is considerably simpler. Nevertheless, it is compensated by necessity of further confirmation of fact that testament was committed in extraordinary circumstances by court. The conditions of validity of such testaments exposed to a detailed analysis in the article. The authors emphasize that for the recognition of circumstances as extraordinary, such circumstances should be unusual, exceptional, and create immediate threat of life, not threat to health of a citizen. The article contains the analysis of court decisions, which counter to these provisions. The study notes that the legislation does not allow for opportunity to commit testament in the extraordinary circumstances using the technical equipment. It is a gap in the legislation, considering the current conditions. The authors describe international experience of drawing up testaments verbally and came to the conclusion that such form is not acceptable in the Russian legislation. The article also notes the need for a more precise definition of “extraordinary circumstances” applied to inheritance relations. By the authors’ viewpoint, serious illness of the testator can’t be classified as extraordinary circumstance. The study is not only based on analysis of theoretical works of scientists, also on law enforcement practices. The authors of the article identified actual problems of current legislation and came to the conclusion of the necessity to improve the modern civil law
The authors of the article consider and analyze various
points of view upon hereditary legal relationship and
the nature of universal succession to the inheritance.
The matter of hereditary legal relationship appears due
to the death of the testator. Hereditary legal
relationship arises on various bases, which grow from
the facts: discovery of inheritance, acceptance of
inheritance, refusal of inheritance, execution of the
will, hereditary transmission and other legal
relationship. The authors come to the conclusion that
the change of the testator as subject in any of the legal
relationship existed during his lifetime is impossible
without the whole complex of the hereditary relations,
and while some (the relations on protection of
hereditary property, division, etc.) can be avoided in
the course of transition of hereditary property, the
others (discovery of inheritance, acceptance of
inheritance) are necessary. In each legal relationship
the successor perceives the whole legal situation of the
testator, that is in each legal relationship the rights
which are the object of the relation will be passed to
him. The contents of hereditary legal relationship
claim that inheritance represents the transition order
protected by the law after the death of a citizen
(testator) of the things owned by him on the right of a
private property, the property, and also property rights
and duties to one or several persons (successors) as
universal succession. In the case of universal
hereditary succession, the rights and duties are passed
to the successor with one act, without a transfer by
their first owner, and the passed rights and duties
continue to be estimated on the identity of the first
owner. Finally the authors come to the conclusion that
universality designates transition of the rights as well
as the testator’s duties (except those inseparably linked
with the identity of the testator) as a whole when the
successor can't selectively accept some rights and
duties, having refused the others. Restriction of
responsibility of the successor for the testator's debts
with the size of hereditary volume does not change the
essence of universal succession in this regard
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