Expand the concept of latent conflict (2009)

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Description Expand the concept of latent conflict (2009)


1. Expand the concept of latent conflict of 3

2. Foreign trade of the Russian Federation the right. 5

Problem number 3. September 2

Bulgarian citizen residing in Bulgaria, filed a claim for recognition of ownership of part of the apartment building in the Kalinin district court in Tyumen. Court in 1996 allowed the claim.

What are the provisions of the Russian legislation could proceed Court, introducing such a decision? What are the provisions of the international treaty with Bulgaria could proceed Court, introducing such a decision? Does Russian law provisions restricting the ownership of the property of foreign nationals not residing permanently in the Russian Federation?

Problem number 4. December 1

In May 1993, Russian Organization (seller) and the firm located in Cyprus (the buyer) entered into a contract under which the seller had to deliver the goods to the buyer the two parties. However, supply has not been carried out, the contract between the parties was terminated. Buyer in its statement of claim in the Tribunal sought to recover the outstanding amount from the seller prepaid interest on borrowed funds, compensation for loss of profits and penalty for late delivery. The seller objected to the demands and simultaneously filed a counterclaim.

The judgment arbitrators, justifying the choice of the applicable law, referred in particular to the fact that although the contract does not contain provisions on the applicable law, parties to the dispute, as is clear from statements of claim in the main and counter claims are based on the application to their relations Russian contract law.

What is understood in private international law under the principle of autonomy of the parties? Where this principle is formulated in the existing Russian legislation? Does the Russian legislation any direct limitation of party autonomy? How the parties may fix they made the right choice? Should the required selection be written in the contract or it must be defined in any other way?

5. Task number 22 19

The famous Russian ballerina Anna Pavlova was born in Russia. But more than 15 years has lived in England. After her death in London there was the matter of inheritance. British authorities considered nasledodatelnitsu both domiciled in the USSR, although since 1917 it has never in the Soviet Union did not come.

What is the difference between the domicile of origin or domicile, place of birth and domicile acquired or elected? Who and how to prove the acquisition of a new domicile? What is the cause of inheritance Anna Pavlova was saving her domicile at the place of birth? The right of a country has been applied in relation to her inheritance?

List of sources used and literature 21

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