Types of execution documents (2009)

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Uploaded: 05.11.2010
Content: 0913.zip (26,88 kB)

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Description

1. Types of executive documents and their legal significance

2. Exclusion of property from an act of inventory and seizure

3. The search for the debtor's personality, his real estate, motor vehicles, non-cash, cash

4. Implementation of receivables and lease rights

5. The return of the executive document

Objective 1

In the course of the commission of executive actions for enforcement proceedings where the debtor is JSC "Sibhleboprodukt" and claimer - JSC "Siberian meat processing plant." Bailiff of the October UFSSP division of Russia on «№» SI region Vanyukov arrested manufacturing base belonging to the debtor.
After the arrest of the production base has been transferred to organize a specialized trading company of "auction". The winning bidder was the JSC "Siberian meat-packing plant", which of "auction" has concluded a contract of sale.
JSC "Sibhleboprodukt" filed a lawsuit against the JSC "Siberian meat plant", Russia's UFSSP «№» region and LLC "Auction" with the requirements for recognition of the sales contract invalid and the production base of the application of consequences of invalidity of the transaction. Court claim was settled.
What are the subjects of legal relations executive.

Task 2

Bailiff of the district division UFSSP Russia on «№» field to execute the decision of the arbitral tribunal on the transfer of vehicles from the company "Topaz" public institution "Sibstroy." Given that at the time of execution of the vehicle was under repair, the debtor applied to the Arbitration Court with a request to postpone the execution of the decision of the arbitral tribunal.
Whether the request is subject to the satisfaction of the debtor?
What the court may postpone the execution of a decision?
What is the difference deferral and installment of execution?

Objective 3

C. Gortsunyan debtor in enforcement proceedings filed a motion for an interpreter because he does not speak adequately of the Russian language. C. Gortsunyan invited as a translator Perkevicha lawyer, to represent its interests in the enforcement proceedings. Bailiff announced the impossibility of simultaneous participation Perkevicha and as a representative and an interpreter. According to him, an interpreter and a representative occupy different procedural position in enforcement proceedings, and therefore c. Gortsunyan shall invite another person as an interpreter. In addition, Perkevich is a lawyer and has no special education for the transfer on a professional basis.
Allow this legal situation. Can one person at the same time also act as an interpreter and as a representative? What are the requirements to the translator?

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