Problem 1. LLC "Severstroy" applied to the Arbitration Court

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Uploaded: 09.02.2012
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Objective 1.
LLC "Severstroy" applied to the Arbitration Court, demanding to recover from the SP Ivanova II rent for six months the use of the vehicle for which they have concluded a rental agreement.
The court found that six months ago, SP Ivanov II Ltd. and signed a contract to provide for compensated possession and use of IP vehicle for one year. In the text of the treaty does not contain:
- The amount of rent;
- Term performance of the obligation to pay for the use of the vehicle;
- The registration number of the vehicle, the year of its release, the chassis number.
The Company stated that the SP Ivanov II It has been free for six months using mobile crane KAMAZ-300, owned by the Company. Thus there is a lease under which the lessee is obliged to pay to use someone else's equipment.
SP Ivanov II He told the court that at the conclusion of the agreement was discussed for rent serviceable vehicle with the year of production five years later than the one he was given in reality. Followed vehicle technical malfunction, repaired longer than running, and if it will charge from the amount of rent, the owner claimed he will suffer heavy losses. As proof, SP Ivanov II presented documents showing permanent repair costs, and a letter in which he asked to replace the vehicle out of which there was talk in the contract. The representative of the company said that it is necessary to be more attentive, taking the performance of the contract.
1) Give the concept of conditions of the contract and answer as they are designated by law in the general provisions of the contract.
2) What are the terms and conditions agreed by the parties, what are the implications?
3) Is it possible to sign the act of reception and transmission of the vehicle regarded as contractual obligations Ltd.?
4) Is the fact of signing of the reception and transmission of the vehicle accord SP Ivanova II to change the subject of the contract?


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