Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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Name

Novikova Svetlana Victorovna

Scholastic degree


Academic rank

associated professor

Honorary rank

Organization, job position

Kuban State Agrarian University
   

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Articles count: 4

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129 kb

DEPOSIT FUNCTION AT THE PRELIMINARY AGREEMENT

abstract 1001406116 issue 100 pp. 1760 – 1769 30.06.2014 ru 396
A functional analysis of deposits at civil law allows comprehend its destination and role in developing the dynamic of a law regulation of a property circulation in conditions of market economy. The authors present their point of view about the deposit use possibility to provide a preliminary agreement in the civil law
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THE ABUSE OF RIGHTS WHILE TRANSFERRING REAL ESTATE

abstract 1301706033 issue 130 pp. 447 – 458 30.06.2017 ru 95
The article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. 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. The amendments to the article on the abuse of rights were caused by the current practice. However, there remains a question about how well these novels are being implemented. This article examines the question of the application of the principle of prohibition of abuse of rights in proprietary relations. Statistics show that the judges started to apply Art. 10 ten times more often in proprietary relations. Still, this situation is inextricably intertwined with the risk of judicial discretion. The article also investigated the correlation of the subjective rights of a bona fide owner and a bona fide purchaser of real estate. Based on the conducted research the author proposes the notion of abuse of right in property relations. It is concluded that a proper understanding of the categories of "bona fide owner" and "bona fide purchaser" is the main factors in the resolution of a number of practical issues
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THE CONCEPT AND METHODS OF PRIVATIZATION OF STATE AND MUNICIPAL PROPERTY

abstract 1001406046 issue 100 pp. 733 – 746 30.06.2014 ru 362
In the article theoretic and practical problems of the privatization of the state property, introduction of amendments to the privatization legislation of the Russian Federation and regulation of processes of privatization are analyzed. Рolitical and economic reasons for privatization of big enterprises are considered, same primary problems of the process of selling the publicly owned companies and of the state financial control over the privatization are revealed
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THE CONTENT OF A PLEDGED LEGAL RELATIONSHIP

abstract 1001406086 issue 100 pp. 1312 – 1322 30.06.2014 ru 446
The article discusses the questions related to use of and disposing of a pledged subject by participants of a legal relationship, between depositors and pawnbrokers, in particular, new regulations about depositor’s rights who is a holder of the pledge subject
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