"Perfect" force majeure
By 2014, many enterprises formally approached the reflection in force majeure agreements, not mentioning it at all or indicating the standard phrase that a person who violated an obligation is…

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Who has exhausted the right?
In conditions of cooperation with EU member states, national companies must take into account and adapt to the rules that apply in the EU market for goods and services, as…

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Justification of a suspected criminal offense
The adoption of the new Code of Criminal Procedure of Ukraine in 2012 marked the beginning of a new milestone in the development of national criminal justice. A number of…

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ensure the stability

Features of the conclusion of agreements on the assignment of rights

According to the general theory of civil law, the subjects of the obligation are the authorized person (creditor) and the obligated party (debtor). The creditor is a person authorized to demand from the debtor to perform a certain action or to abstain from it, and the debtor is the person who is entrusted with the obligation to perform such an action. A subjective right belonging to an authorized party is required to be a right of demand, and a subjective obligation of a party is a duty.

The specialists of the company Contragento.By, based on the arbitration practice of considering in court and resolving disputes between business entities, explained in their comments that, given the economic situation in the country, the best solution to prevent the possibility of cooperation with unscrupulous partners is to check counterparties. This allows subsequently to exclude various adverse effects. Continue reading

Legal entity is a key element of a market economy.

Given the growing phenomenon of globalization of the global economy, services such as the transportation of goods from Almaty and the Almaty region, as well as other types of transportation from Kazakhstan to the CIS countries, Europe, Central Asia and the Middle East, require a certain form of organization and registration in the country where the company’s assets are located.

Today, without the category of legal entity and the variety of legal forms of subjects of civil turnover, it is difficult to imagine any economy in the world. However, this was not always the case, and even now, not all countries have the same approach to doing business. Continue reading

How not to fall into the abyss with an arbitration clause: TOP 5 tips

There is much debate around what is best: state courts or the “Alternative Dispute Resolution (ADR), to which arbitration belongs. However, it is obvious that it is arbitration that is the best way to consider and resolve disputes, in which all the benefits of a jurisdictional form are combined with the loss of defects of a state court. Therefore, concluding an arbitration agreement, it is important to avoid language that can prevent the establishment of the will of the parties to the transaction. Although the clarity of the wording cannot compensate for the semantic flaws of the arbitration agreement. So, we highlight the TOP-5 problems, for the solution of which we offer appropriate advice. Continue reading

Administrative appeal of decisions of the tax service
The biggest skeptics are lawyers. From their lips you can often hear that it is possible to appeal effectively decisions (tax notifications-decisions) of the state tax service bodies only in…

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Guarantees for protecting the rights of consumers of banking services in the EU countries
The article analyzes the main types of guarantees for the protection of the rights of consumers of banking services established by the law of the European Union. The general characteristics…

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Some aspects of the acquisition of property rights to ownerless real estate
Issues of acquiring ownership of unowned real estate were and remain relevant today. According to the lawyers of Nizhny Novgorod, the relevance of the topic under discussion is confirmed not…

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Banking of the future: shouldn't banking?
“I fully admit that in five years our refrigerator connected to the Internet will be able to order products for the owners on its own, and the vacuum cleaner will…

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