Expand the concept of "splitting collision (2008)

Contents




1. Expand the concept of "splitting of the connecting factor." 3

2. The legal status of foreigners and stateless persons in the Russian Federation 5

3. Task number 3 p. 88 (Topic 5) 11


At issue discussed in an English court in 1980, was a collection of Japanese works of art stolen in England and then brought into Italy. In Italy they were bought bona fide purchaser who does not know that the works were stolen. Acquirer sent them to London for auction firm "Christy", where they were offered for sale. This was learned the owner from whom they were stolen and demanded both from the company "Christie" and on the return of works of Italian acquirer or payment of the amount for which they will be bought at the auction.

Based on the principle of lex rei sitae court applied Italian law as the law of the State in which the cultural values \u200b\u200bare at the time of the transfer to the acquirer. Since Art. 1153 Italian Civil Code allows for the possibility of fair purchase and in respect of stolen things, the defendant could be legitimate owner. Therefore, the claim was rejected.

In another case, to protect the interests of the owner stood the American authorities. In 1973, the Italian Government has requested the return of illegally exported from Italy vase known as Galuks Crater, which the New York Museum "Metropolitan" purchased for 1 million. Dollars. The seller, who in turn purchased it from an antique dealer in Beirut owned the vase for more than five years. Failure to return the vase was justified on the grounds that its acquisition was lawful.

The law of which country should be applied in determining the integrity of the acquisition of cultural values? How are issues of good faith acquisition UNIDROIT Convention?


4. The task number 10 p. 198 (Topic 9) 14


MSU students Moroccan citizen L. Met with the Russian student B. They filed an application to the registry office for marriage registration. According h. 2 tablespoons. 150 RF IC conditions of marriage are determined for each of the intending spouses law of the State of which he is. Earlier L. married at home. Subject to application for registration of marriage the law of his country allow entry into a second marriage.

Should an employee of a registry office in Moscow to register their marriage with a Russian citizen Leonid V.?


Problem number 5. 7 p. 109 (Topic 6) 15


Russian organization concluded in September 1995 a contract with the Dutch company for the supply of goods to Russia. The lawsuit was filed in the Tribunal in accordance with the arbitration clause to the Dutch company in connection with the short shipment of the goods in respect of which the advance payment has been made under a contract signed by the parties.

The plaintiff's claims include: a refund of the advance payment for short-delivered goods; payment of liquidated damages under the contract, and interest on borrowed money; reimbursement of expenses for the arbitration fees and other costs of the case.

Tribunal handed down a decision based on the following findings:

1. In accordance with para. 9 of the contract to the parties in the resolution of a dispute applicable substantive law in Russia. However, Russia and the Netherlands are parties to the Vienna Convention of 1980 and the Convention in accordance with para. 4, Art. 15 of the Constitution of the Russian Federation enters into the legal system of the Russian Federation. Therefore, the relationship under this contract is subject to the application of the Vienna Convention. For questions, not provided for in the contract and is not permitted by the Convention, which can not be resolved on the basis of the general principles of the Convention, subject to application of the Russian civil law (Sec. 2, Art. 7 of the Convention).

2. The materials of the case confirmed that the defendant plaintiff nedopostavil goods in the amount claimed, re