Problem number two entrepreneurs operating without formation

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Uploaded: 09.02.2012
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Problem number 2
Entrepreneurs operating without a legal entity, appealed to the court of general jurisdiction with the claim for cancellation of the contract of sale and purchase apartments formerly owned by the company.
General Court in its decision refused to accept the claim, arguing that the dispute should be stated, settled by arbitration, based on the subject composition of the participants. At the same time the Court of First Instance explained to the plaintiff the right to submit to a higher court private complaint.
Businessman paying attention to the fact that the claim is not of an economic nature. But after refusing to accept the claim by the court of general jurisdiction of the definition did not appeal, and sent the materials claim to arbitration.
A) Should the arbitration court to claim, in the decision which refused the court of general jurisdiction, to its production?
B) Must the Arbitration Court to refuse to accept the claim, explaining to the applicant the right to file private complaints about the disagreement with the ruling of the court of general jurisdiction to refuse to accept the claim?
B) Can the Court of Arbitration in the event of conflicts of priority to ensure the constitutional right of interested persons to judicial protection instead of the court of general jurisdiction?
D) How important is the courts of general jurisdiction and arbitration courts in the judicial system of the Russian Federation?
D) Do you allow disputes over jurisdiction between the courts of different branches of the judiciary (courts of general jurisdiction and arbitration courts)?
In the preparation of the responses refer to the sudoustroystvennye sudoproizvodstvennye and the rule of law.

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