Scientific Journal of KubSAU

The article touches upon the question of the legal personality of farm unincorporated as a whole and in trading relations. The author gives scientific concepts concerning the recognition / non-recognition of farm unincorporated as a subject of law. Most scientists believe that the farm unincorporated does not subjects of law. Proponents of this view consider the farm unincorporated as a multiplicity of persons, or as a kind of special partnerships. The author thinks that these points of view are questionable. The author joins the persons who think that the farm unincorporated is a special subject of law. The author understands the trading relations as a cross-industry category. Therefore, the author concludes that the farm unincorporated is the subject of the trade relationship. This is because the farm unincorporated is not a subject of civil law, but it is a subject of other branches of law (for example, land law and labor law). Therefore, a farm unincorporated can be the subject of trading relations

Russian civil legislation contains a list of ways in which the parties to the transaction have the ability to enforce the commitments. These methods form an important institute of the Russian law of obligations. For a lender, ensuring the fulfillment of the obligation is an additional guarantee that the commitment made by the debtor of his obligation will be fulfilled properly in accordance with the terms of agreement between them. In this article we will focus on independent guarantee – one of civil-law ways of ensuring the fulfillment of the obligations which differs from the others. The independent guarantee is not new to the domestic civil law. Thus a bank guarantee, familiar to the Russian law, have transformed. Having made a comparative legal analysis of the characteristics of a warranty considering significant changes in liability law norms, the authors explore the legal nature of the independent guarantee, define its place in the system of the ways of ensuring the fulfillment of obligations, analyze the feasibility and effectiveness of the implementation of the warranty in practice, focus attention on the discussion of theoretical questions, and name problems that law enforcers may face in ensuring the fulfillment of obligations by means of the independent guarantee

Legal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. However, reception of the institution and the lack of uniform court practice gave rise to many doctrinal disputes about the legal nature of the contract. The article presents the opinions of scientists on the issue of what rules of areas of law regulate the corporate agreement, whether it is separate or complex legal institution. The authors consider that the corporate agreement is governed exclusively by the rules of civil law. The corporate agreement is not a contract or an obligation in the traditional sense, however, it should be subjected to the general rules of obligations and contract law The corporate agreement has features of the unnamed contract, but despite this, it should be recognized as an independent civil law named contract. It is needed to ensure that, in addition to the general rules of the Obligations and Contracts, the rules of a treaty on the rights of participants of the limited liability and stockholders' agreement are applied to the corporate agreement

In this article the author analyzes the changes in the Civil Code of the Russian Federation concerning the legal status of the sole executive body of the legal entity and the ability of several sole executive bodies to operate in the legal entity, which allows noting its value for law enforcement practices and the improvement of civil legislation

More and more goods are sold by the means of the Internet and other information and telecommunication networks from year to year. Despite the common practice to sale goods on websites, a general idea of ecommerce is not formed in the modern legal science and the current legislation, the notion ‘electronic commerce’ itself is missing. The presence of multiple gaps in the law and the growing number of disputes have served as a reason for writing this article which touches the issue of studying e-commerce as one of the kinds of business activity. The article describes scientific approaches to the definition of the notion ‘electronic commerce’, the problem the e-commerce object is raised, the notion ‘electronic transaction’, general provisions of transactions, performed by the means of information and telecommunication networks, are analyzed. The authors have paid attention to the practice of concluding contracts by the means of Internet resources, have noted the problem of the correlation between the content information posted on the website and the browse-wrap agreement. The authors consider necessary to legalize of the notion ‘electronic commerce’, to determine legislatively its parties and the rules of implementation. Systematization of the provisions on electronic commerce can be realized within the scope of a separate federal law 'On the Rules of Ecommerce.' Such measures will be able not only to bring the current pattern of Russian business nearer to the international standards, but also to raise it to a new level

In Russian civil legislation the consumer is a citizen who concludes the contract of retail sales for purposes not related to business activities. Incorporated person has no right to conclude a contract of retail sales. Therefore the law on consumer protection is not used for legal entities. The law on consumer protection gives to consumers an opportunity for simplified procedure to challenge acts or omissions of the sellers and protection of their rights. But at the same time the incorporated person may acquire the goods, works and services not for business purposes. In particular, this occurs when incorporated person buys goods for its professional aims, not just for its implementation. The authors think that legislator unreasonably violates the rights of legal entities, because they can not be consumers. The authors justify the possibility and the necessity of recognizing the incorporated person as a consumer in the contract of retail sale, and that will allow spreading the legal norms of consumer protection on them