Civil law (6 tasks)

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Uploaded: 29.04.2013
Content: 30429170610337.zip (25,86 kB)

Description

Objective 1
In connection with the dissolution of marriage between spouses Kornilovs a dispute on the division of joint property. Andrei Kornilov insisted that all property, consisting of a suite of furniture, table and tea sets, art library and other property was divided equally with regard to their cost. Elena Kornilov objected to this section, pointing out that as a result of impairment of things happen, and offered to take Kornilov furniture, and tell her tea and dinner sets. As for books, she agreed to share the collected works of authors. At the same time, it requested only of the complete works of AS Pushkin to give her last volume, which published his correspondence.
Assignment: What is the classification of things to consider when addressing the dispute and how it should be distributed to the specified property, if the case goes to court?

Task 2
Sydorchuk came to the pawnshop to buy a violin. Violin with bow was placed in the case, and next to them was given the price. Sydorchuk went to the cashier and sent a check for that amount. The seller filed SIDORCHUK violin without a bow and case. Sydorchuk began to demand the transfer of the bow and case. The seller said that the price was only for the violin.
Task: Who is right in this dispute?

Objective 3
The Joint Stock Company has instructed legal counsel to study the documents of the impending transaction of sale of the enterprise. The Director General highlighted the following aspects of the deal of concern: 1) the seller in the transaction is the State Unitary Enterprise, which was fixed to the property right of business, and he doubted whether unitary enterprise be sold without the consent of its founder; 2) determine the composition of specified options sold property; 3) he is not sure whether the stock has the right to use the trade name of the counterparty without the agreement with the franchise; 4) it does not understand why counsel SUE offered to negotiate with the creditors of the unitary enterprise.
Task: Help the counsel of JSC form an opinion.

Task 4
Unitary Enterprise "Impulse" concluded with "Trading House" Invest "agreement, under which it has transferred the rights to the company assets under construction begun on the budget, but then frozen due to lack of funding for the redevelopment of the project and its completion.
Instead, Ltd. pledged to provide 10% of the PMU in the business center, which was supposed to build instead of laboratory and industrial complex on the initial draft. Regional prosecutor sued for bringing parties to the transaction to its original position, arguing that the real property assigned to the PMU on the right of ownership shall not be entitled to dispose of without the consent of the owner of the property, which had been received. Representatives of the company, the PMU and the City Property Management Committee in the hearing said that the unfinished building could not be regarded as immovable property because he was not registered as such in accordance with the law, and therefore the consent of the owner to his alienation was not required. Arbitration Court satisfied with this argument, dismissed the claim. The prosecutor appealed to the Court of Appeals a complaint.
Assignment: What decision should bear the appellate court?

Additional information

Objective 5

Fishing Artel "Pomor" gave the joint stock company "Russian North" for rent for a time one of the fishing season, two barge outfitted for fishing and stock of diesel fuel in the amount of 800 liters. At the end of the season of JSC did not return obtained in use of the property, saying the launches for the operation of modern technology had so much to convert, that they, in fact, are the new objects of rights (the old equipment, which came in dilapidated state, had to be dismantled and put into scrap metal ), and the fuel was consumed during the use of the property. Artel filed a claim vindication for the recovery barges, equipment and fuel from the tenant.
Setting: Qualify relations existing between the parties, using known methods of classifying things to you; comment on the legal position of the parties.

Table 6.
Organizational and legal forms of legal entities Charter Memorandum General provisions

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