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6.5. Development of Provisions on Obligations and Other Novelties of Civil Legislation in Judicial Interpretation

Track: 6. Litigation and Arbitration Practice

Description

Any legislative reform, particularly the one that concerns civil law, requires subsequent development of legal novelties in judicial practice. Efficiency of a civil law reform largely depends on how these novelties will be received by the judiciary and adapted to real life. Legal positions of the Supreme Court of the Russian Federation, both in the form of abstract explanations of judicial practice issues and decisions on specific cases, are paramount in this process. In the recent years, the Supreme Court of the Russian Federation has been consistently working in this regard, which resulted in, for example, decisions by the Plenum of the Supreme Court No 25 from June 23, 2015 On Application by Courts of Certain Provisions of Section I, Part One of the Civil Code of the Russian Federation; No 43 from September 29, 2015 On Certain Aspects of Application of Norms of the Civil Code of the Russian Federation Concerning Statute of Limitation; No 7 from March 24, 2016 On Courts’ Application of Certain Provisions of the Civil Code of the Russian Federation Concerning Liability of Infringement; No 54 from November 22, 2016 On Certain Aspects of Application of General Provisions of the Civil Code of the Russian Federation Concerning Obligations and Their Fulfilment.

These extensive structured documents provide comprehensive explanations for the majority of the newest provisions, which among other things is intended to prevent their obvious misinterpretations at the early stages and harmonize legal practice. This continuous work requires follow up and amendment adequate to the realities of civil-law transactions and judicial practice.

The panel discussion plans to address the issues of practical application of current explanations contained in the above decisions of the Plenum of the Supreme Court of the Russian Federation, as well as issues that are yet to be resolved, in particular, qualification of civil-law contracts, application of general provisions on obligations, specific performance, compensation of losses, substitution of persons in obligation and other issues of law of obligations.

Moderators:

Sergey Astashov

Judge, Supreme Court of the Russian Federation

Speakers:

Yury Lyubimov

Secretary of State - Deputy Minister of Justice of the Russian Federation

Rustem Miftakhutdinov

Associate Professor of the Department of Entrepreneurial and Corporate Law, Moscow State Law University named after O.E. Kutafina (MSWU)

Larisa Sannikova

Professor, Institute of State and Law of the Russian Academy of Sciences

Andrey Shirvindt

Assistant Professor of the Civil Law Department of the Law Faculty, Lomonosov Moscow State University - Consultant, Alexeev Private Law Research Centre under the President of the Russian Federation

Mikhail Shvarts

Acting Head of the Department of Civil Procedure, St. Petersburg State University

Natalya Tololaeva

Councilor of the Systematisation of Legislation and Analysis of Judicial Practice in Economic Disputes Department of the Division for Systematisation of Legislation and Analysis of Judicial Practice, Supreme Court of the Russian Federation


*This schedule may be subject to change