Application of Principle of Good Faith in Disputes on Copyright Protection in respect of Means of Individualization of Producers, Goods, Works, Services

Zhilenkova, T.V.; Cherdakova, Larisa Anatol'evna

doi:10.17238/issn2072-909x.2017.1.75-84

Cited by 1 publication

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“…In Russian law, the concept of good faith in the subjective sense in the text of legal norms is usually expressed by the words, “a person did not know and should not have known” (Zhilenkova, 2016). In such cases, good faith acts as an instrument of legal protection in situations related to the presence of some kind of flaw in civil law relations, in cases where this flaw may serve as a basis for presenting any claims to a person or for a statement against his/her claims to protect the right of certain objections.…”

Section: Resultsmentioning

confidence: 99%

Review of information asymmetry in banking in the Russian Federation

Tsindeliani

Mikheeva

2021

JMLC

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Purpose The purpose of this study is to identify the prospects and main directions for improving Russian legislation on the protection of the rights of consumers of financial services taking into account the specifics of information asymmetry in banking. Design/methodology/approach Using the method of economic and legal analysis, the essence of information asymmetry in banking in the Russian Federation was considered. Taking into account international experience, the analysis of the legislation of the Russian Federation in the existing regulatory and legal field is carried out. A forecast of probable changes in the field of legal regulation of information asymmetry issues in banking was also carried out. Findings This paper deals with cases when information asymmetry can be recognized as unfair behavior. The main features of information asymmetry in banking on the part of credit institutions in terms of banks’ failure to provide information on the content of banking services on the right to refuse additional services have been studied. Originality/value This study suggests that the current Russian legislation does not provide the necessary protection for consumers of financial services from information asymmetry. Based on a comprehensive analysis of legislation and judicial practice, the information asymmetry in this paper is delimited as an economic and legal concept; the prerequisites and main forms of information asymmetry in banking are determined. The main provisions and conclusions of this study can be used in legislative activities when developing provisions on the protection of the rights of financial services consumers.

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Section: Resultsmentioning

confidence: 99%