The joint stock company has asked (2012)

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Uploaded: 02.08.2015
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Objective 1.

Joint-stock company appealed to the arbitration court against the power supply organization for damages caused to the plaintiff as a result of a power failure without a warning.
The Arbitration Court of the claims rejected, citing the fact that a power failure has been associated with the failure of the consumer provisions of the state power supervision to eliminate the deficiencies in the electrical systems. The matter was referred to the court of cassation.
Solve the case on the merits.

Objective 2.

The tenant appealed to the arbitration court against the landlord to invalidate the terms of the lease, the lessor provides for a quarterly increase of rent by indexing it to inflation, as this condition is contrary to a peremptory norm of paragraph 3 of Article 614 of the Civil Code, which establishes the possibility of changing the amount of rent no more frequently than once a year.
The trial court granted the petition, noting that paragraph 3 of article 614 of the Civil Code contains a mandatory rule for periodicity change the amount of rent, in connection with which the parties can not change or set in the contract a condition other than the one provided by this norm. Therefore, the condition of the contract provides for the possibility of a quarterly change of rent is void by virtue of Article 168 of the Code as inconsistent with the law (paragraph 3 of article 614 of the Civil Code). The case was referred to the court of cassation.
Allow the case merits.

Task 3.

The organization - payer appealed to the arbitration court to the payee, the bank - the issuer and nominated bank for recovery of sums paid to the recipient to open a letter of credit for it. Thus the plaintiff referred to the earlier decision of the court, according to which the contract - the sale of the payer and the recipient of funds was recognized as invalid by the court.
Arbitration Court satisfied the requirements stated by the bank - issuer, denying a claim to the receiver means and the executing bank. The court proceeded from the fact that in this case shall apply the general provisions on the consequences of invalidity of transactions (article 167 of the Civil Code). Since the order on the opening of a letter of credit has been given to the bank under an invalid transaction to the bank it was obliged to return all received them, namely the amount debited from the payer´s account as cover for letters of credit.
However, the court did not take into account the requirements of paragraph 2 of Article 167 of the Civil Code, according to which the invalidity of the transaction if each party shall return to the other everything received under the transaction. Parties in an invalid transaction is the payer (the plaintiff) and the recipient of funds.
Solve the case on the merits.

Task 4.

Individual businessman appealed to the arbitration court against the limited liability company for the recovery of commission.
Between entrepreneurs and the public contract commissions, according to which the commission (the plaintiff in the case) pledged to make the transaction of sale of property belonging to the principal (the defendant). The plaintiff performed the commission given to him, made a deal with the buyer, and in accordance with the instructions of the first commission fulfilled its obligations with respect to the seller to the buyer by sending the goods sold. In violation of the terms of the sales contract the buyer made a late checkout. As part of this transaction the commission sent a report to the principal application and supporting documents required to pay him a commission, but was refused, appealed to the court.
Solve the case on the merits.

Task 5.

The Bank appealed to the arbitration court to recover from the Company the amount of unjust enrichment and interest on borrowed funds.
As follows from the case, the bank - the plaintiff twice enrolled to the account of the defendant´s worth of goods shipped.

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