Civil law

As part of this study following tasks:


1) In March 2011, MA handed over his damaged in an accident VAZ-2109 for repair workers UAB "Horizon" B. and P., who with the help of crane and trucks owned by the Company, the car was taken to the territory of the said M. the organization received from M. advance of 50% of the cost of the work to repair the car in the amount of 25 000 rubles. The work was supposed to be completed within two weeks.

During repairs it was found out that the body needs to be replaced. Since the desired body stock Company was not, B. and P. asked for a stay of execution obligations. Then M. demanded the return of his car and pay damages. B. and P. agreed to return the car, but refused to pay the damages, demanding in turn, reimbursement already made by them in connection with the repair of the vehicle.

M. went to court to demand that the Company "Horizon" for the return of the vehicle and damages. The defendant with the claims not agree, citing the absence of a contractual relationship with M.

1. What the contract was concluded under the terms of the problem, who are its members, what are the essential terms of the contract?

2. What decision should stand trial?

3. What decision will make the court, if the period of the trial there was a fire in the garage, in which a car was destroyed by M.?


2) "Legal Company" Justa Causa "" applied to the Moscow Arbitration Court with a claim to the LLC "Strojservis" on recovery of 50 thousand rubles fine in accordance with paragraph 5.4 of the agreement on legal assistance, in accordance with which provides that in the case of termination of the contract by the customer (LLC "Strojservis"), or he commits actions (inaction), entailing the impossibility of execution of the order (including the rejection of the claim, revocation), he must pay penalty in the amount of 50 000 rubles.

In support of the claim for the recovery of a fine law firm pointed out that, pursuant to the terms of the agreement between the parties, it provided services to the study presented by LLC "Strojservis" documents prepared and filed with the Moscow Arbitration Court lawsuit to recover the debt with the contractor of "Strojservis" .

However, Ltd. "Strojservis" in connection with the agreement reached with the management of the debtor in accordance with para. 1, Art. 782 of the Civil Code of the Russian Federation informed the law firm of termination of contractual relations and the abolition of the power of attorney issued to them.

LLC "Strojservis" turned counter-claim against the law firm to invalidate the (insignificant) of paragraph 5.4 of the agreement on the basis of para. 1, Art. 782 of the Civil Code. The decision of the Moscow Arbitration Court claim law firm was granted. The satisfaction of the counterclaim of "Strojservis" was denied. LLC "Strojservis" appealed the trial court´s decision in the Court of Appeal.

1. Can the part of a service agreement to cancel the agreement?

2. Can the contract paid services impose restrictions on the rights of the parties unilateral refusal to perform the contract?

3. Subject to the satisfaction of any appeal of "Build-Service"?


References: 5 sources

Volume: 11 pages

14 size, half interval

Date of writing the work - 2014.

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