Civil law, option 2, Moscow State Law Academy (2 tasks)

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Uploaded: 11.07.2013
Content: 30711164424783.zip (19,63 kB)

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Objective 1
Ltd appealed to the arbitration court against the joint-stock company for the recovery of the difference in the cost of the transmitted and received medical equipment sunflower seeds, as well as interest on borrowed money.
The defendant objected to the claim, referring to the fact that the parties to a contract of barter, so claims, the plaintiff unlawfully.
As follows from the case, the parties had concluded an agreement under which Company has committed to deliver medical equipment stock in the agreed range and number, and the last - to give up their right to company requirements to a third party for the performance of obligations to supply sunflower seeds. As the cost of seed was lower than the cost of medical equipment, the complainant believed he had the right to declare these requirements.
1. What the contract was concluded on the conditions of the problem.
2. What decision should stand trial?

Task 2
As a result of a traffic accident that occurred through the fault of Maximova, it damaged a car belonging to Petrov. Accident has been issued properly. Maximov is not contesting his guilt, he agreed to pay damages voluntarily. According to an independent expert organization damage amounted to forty thousand rubles. Petrov has issued a receipt confirming the receipt of the sum of money Maximova as compensation caused him harm.
Three days later, Maximov turned to the insurance company that insured its civil liability, with the requirement to compensate for the amount it paid Petrov. The insurance company refused on the grounds that Maximov had violated the conditions of the insurance contract, in addition, the right to apply for insurance payment only has the victim (Petrov), and to exercise this right, he did not want to.
1. whether the refusal is legitimate insurance company?
2. Can the insurer under the contract of insurance to apply for insurance payments to the insurer?
3. Can Maximov some way to compensate for the amount paid Petrov?
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