Actual problems of civil law practice

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Uploaded: 12.11.2012
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Description

Task №1

State institution, providing paid services, had revenue of 100 million rubles. Head of the institution in accordance with paragraph 2 of the Civil st.298 with the money intended to buy equipment for research. However, the tax authorities, guided by Article 55 paragraph 2 BC, demanded that the head of the institution of the income transfer in full the state budget.

Subject to any requirement of the tax inspectorate satisfaction?



Task №2

Spouses Ibrahimov, decided to dissolve the marriage, made a written agreement that Ibragimov will not qualify for Section apartments, leaving St. Petersburg and will continue to live with his mother in Tver. Ibragimov, for its part, pledged not to remarry before the graduation of their daughter - a student of the first course. For confirmation of the agreement Ibragimovs addressed to the notary. The latter refused to certify the agreement, which in his opinion, contrary to the law.

Rights if a notary? The answer to argue.



Task №3

Vostokov, dragging the game preference, owed a large sum of Zhukov. His duty, he issued IOUs with the obligation to pay the full amount within 10 days from the date of receipt. In case of delay in debt repayment Vostokov pledged to pay a fine in the amount of half of the debt.

After 12 days from the date of receipt debt has been fully repaid. Since Vostokov violated a term of payment, Zhukov asked the court to recover the fine.

Solve the case. Will the solution, if instead of receipts issued Vostokov bill?



Task №4

Chernyshev bought Kolesov Passenger car "Lada", making sure the deal at the notary. A few days after that Kolesov took the car without permission and refused to return it until further Chernyshev not pay him Kolesov, 30 thous. Rub. Chernyshev went to court with a claim against Kolesov, demanding the return of the machine. The court rejected the lawsuit on the grounds that Chernyshev did not have time to register the car in the traffic police in his name, and therefore ownership of it from Chernyshev arose. The transaction is between Chernyshev Kolesov and should be considered failed.

Solve the case.



Setting №5

Under the contract of financial lease (leasing) agreement for the tenant the landlord purchased the equipment from a seller that has been transferred to the lessee at priёmosdatochnomu act. In connection with a tenant in the enterprise for unknown reasons, fire equipment fell into disrepair and can not be restored.

Who will bear the consequences of the destruction of property equipment?



Task №6

Gord Yuryev, as a municipality, issued in favor of the bank, "First City Bank" guarantee. Guarantee provided by a credit granted to the State Enterprise "St. George's Mill." Because the borrower does not return the loan on time, the bank has directed the city administration claim for payment of amounts owed. In response, the administration requested to provide proof of the refusal of the enterprise-borrower to repay the loan. The Bank filed a repeated request on the grounds that the terms of the guarantee to provide the requested documents provided by the administration.

What is the nature of the collateral provided to the bank? Justification of whether the requirements of the bank?



Task №7

District Consumer Society appealed to the court to recover from the tax office 12689 rubles. losses in the form of lost profits. At the hearing established that the actions of the tax inspectorate has suffered loss. However, a court decision in a lawsuit denied due to inability to meet the expense of the tax inspectorate.

Assess the court decision.



Setting №8

Mikhailov, examining the property of their deceased father, found a receipt Grishina that he borrowed his father Mikhailov significant amount of money to buy a refrigerator and undertakes to repay the debt within four years. The maturity of

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