Showing posts with label law of proof. Show all posts
Showing posts with label law of proof. Show all posts

Saturday, 25 February 2017

On-line court proceedings coming soon...

A week ago Russian Parliament voted for pushing the Internet further in the litigation to make it more transparent. A draft to let all types of proceedings, including even criminal one, to be transmitted on the web site on-line, passed the lower Chamber of the Parliament. According to the draft, some general requirements should be fulfilled for the filming namely keeping order in the courtroom and prohibiting interfering the procedure. The main restriction would apparently be the necessity to get the court permission for shooting, the latter being reluctant for being filmed. 

Wednesday, 22 February 2017

Currency fall is not hardship is Russia

Several days ago the Supreme Court of Russia issues its first quarterly review of its most important decisions, which had been made recently (Russian text is available on the official web site). The eighth judgment was about whether a plummeting fall of Russian currency because of Crimea crisis could be considered as hardship and thus led to conversion of a loan contract. The Court unsurprisingly gave a negative answer, confirming general reluctance to use ‘rebus sic stantibus’ doctrine. However some remarks in the ruling seem to leave a door open to use this clause as a ground for contract modification…

Sunday, 5 February 2017

The privacy and the law of proof

An audio of a conversation between parties to a contract can undoubtedly be a proof in a litigation amid them but does it matter whether both parties knew it was recorded?