MSLA control Civil law Var 1

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Uploaded: 16.07.2013
Content: 1002.rar (13,03 kB)

Description

Problem number 1

Between Ltd. "Spetsshahtmontazh" (contractor) and JSC "Quarry (customer) contract for the repair of trolleys in the amount of 3.5 mln. Rubles. Term of performance of the contract - 9 months, payment - after acceptance. Payment obligations secured by a pledge of works belonging to the customer the right to lease subsurface area in Nozhovskom district of the Perm region.
2 months after contract director of "Spetsshahtmontazh" during the meeting of heads of major enterprises of the region learned that the JSC "Quarry" made a decision on reorganization in the form of merger with OJSC "Granite", a difficult financial position, which has been known in the area .
Fearing that the work performed will not be paid, because the customer will cease to exist as a legal entity before the end of the works of "Spetsshahtmontazh" appealed to the arbitration court for recognition of reorganization void under Article 168 of the Civil Code, as information on the reorganization of "Quarry" in means the media is not placed.

What is meant by the reorganization of the legal entity?

What document is issued at the confluence of the legal entity?
Is the reorganization transaction?
What guarantees the rights of creditors of the reorganized legal entities established by civil law?
Subject to any claim of "Spetsshahtmontazh 'satisfaction?
Does the company "Spetsshahtmontazh" other ways to protect its interests in the proper payment of repairs?
Problem number 2.

Between SP Labour (supplier) and Kuptsov (buyer) performing retail vegetables, potatoes supply contract.
Since the timely and proper amount of items in store potatoes was important to ensure a minimum assortment of goods in the shops Kuptsov, the insistence on the part of the latter included in the contract does not specify that the default delivery of each consignment of potatoes (10 sacks) against the agreed timetable supplier shall transfer to the purchaser without further payment of 1 bag (50 kg) of potatoes per day of delay. Fears confirmed buyer, Labour violated the terms of delivery the first shipments.
Merchants appealed to the arbitration court for vzysknii with the labor of 170 bags of potatoes. In Proceedings of the recall did not deny the fact of violation, but asked the court to consider that the biggest store Kuptsov was being renovated, and for the remaining points of the goods delivered was enough.

What are ways to enforce the obligations?
Whether a party set in the contract provided for in the law a way to ensure the fulfillment of obligations?
Is the agreement of labor and Kuptsov penal clause?
Whether a court to apply Art. 333 of the Civil Code of the Russian Federation in resolving the dispute?

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