Commercial law (Case study)

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Uploaded: 12.12.2010
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Moscow Institute of Management and Law
Task number 1
State Enterprise of the contract of sale with the private unitary enterprise has transferred the last building.
The prosecutor appealed to the arbitration court for recognition of the said contract null and void due to the lack of consent to the transfer of the authorized state body.
Justified whether the requirements of the prosecutor?
What property of the state enterprise has the right to dispose of their own?

Task number 2

Farming has transferred his bulldozer for free use for a period of one month to peasant farming. The farm used a bulldozer two years and then sold it to the partnership.
Learning of this, farm sued to companies for the recovery of the bulldozer as assets illegally held company. Director of the business association in court stated that he did not know and could not know about the absence of the right of a seller with a bulldozer.
As in accordance with the Civil Code of the Russian Federation, called the suit brought by farm?
What decision should stand trial? Justify your answer norms of commercial law.

Task number 3
Under the lease was transferred to the premises for the office. Tenant did overhaul facilities, changed windows, air-conditioning system equipped rooms. Guide landlord did not prevent repair work with the consent of the landlord allowed the administration of the building for renovation, all the necessary equipment to repair the night was located in the back rooms of the lessor.
After the expiration of the lease the tenant asked the landlord to reimburse the cost of improvements produced.
The landlord refused to pay.
Solve the dispute with reference to the rules of economic legislation of the Russian Federation.

Task number 4
The Joint Stock Company has entered into a written agreement with a private entrepreneur. An oral agreement in addition to the contract, the parties have provided a penalty for late delivery of the goods.
Was observed by the parties in this case, the form of the transaction envisaged by the legislation? The answer must be substantiated and shall refer to the rules of economic legislation.

Task number 5
Several major distilleries entered into an agreement in which one of the conditions was the point that within 6 months of parties to the agreement undertake to sell their products at 15% below the statutory price.
The goal, which in this case pursuing the participants in the agreement is not determined to la. However, it was clear that such a goal is the displacement of plants monopolistic market of small producers. Small producers learned about the agreement from the media, appealed to the antitrust authorities with a demand to take participants to the agreement stipulated by the legislation sanctions.
Are the actions of the participants of the agreement contrary to economic legislation?

Setting the number 6
Combining computer technology has put information-analytical center ready computer system that has failed during the warranty period. Buyer eliminate the defects on their own, at the expense of own funds and demanded compensation from the supplier the cost of repairs and payment of a fine for the supply of defective goods.
Supplier refused to meet the requirements of the buyer.
How to resolve the dispute?

Target number 7
Novikov decided to sign up as an individual entrepreneur. To that end, he submitted to the state agency, which provides registration of entrepreneurs all the necessary documents.
In 30 days the registration authority issued a decision on the refusal Novikov registration as an individual entrepreneur engaged in business (economic) activity without establishing a legal entity. The refusal was motivated netselesoobr

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