Actual problems of civil law practical
Replenishment date: 12.11.2012
Content: 21112141040297.doc (113.5 KB)
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Description
Task number 1
A state institution, providing paid services, received an income of 100 million rubles. The head of the institution, in accordance with clause 2 of article 298 of the Civil Code, intended to purchase equipment for scientific research with the proceeds. However, the tax inspectorate, guided by clause 2 of article 55 of the BC, demanded from the head of the institution the transferred income in full to the state budget.
Is the claim of the tax office subject to satisfaction?
Task number 2
The Ibragimovs, having decided to dissolve the marriage, drew up a written agreement stating that Ibragimov would not claim the division of the apartment, leave St. Petersburg and permanently live with his mother in Tver. Ibragimova, for her part, pledged not to remarry until graduation from their daughter, a first-year student. The Ibragimovs turned to a notary for certification of the agreement reached. The latter refused to certify the agreement, which, in his opinion, is contrary to the law.
Is the notary right? The answer is to argue.
Task number 3
Vostokov, carried away by playing preference, owed a large sum to Zhukov. He formalized his debt with an IOU with the obligation to pay the entire amount no later than 10 days from the date of the receipt. In the event of a delay in paying off the debt, Vostokov undertook to pay a fine in the amount of half of the debt.
After 12 days from the date of drawing up the receipt, the debt was fully repaid. Since Vostokov violated the deadline for payment, Zhukov went to court with a demand to recover a fine.
Solve the case. Will the decision change if, instead of a receipt, Vostokov issued a promissory note?
Task number 4
Chernyshev bought a Zhiguli passenger car from Kolesov, having certified this deal with a notary. A few days after that, Kolesov arbitrarily took the car and refused to return it until Chernyshev paid him, Kolesov, 30 thousand rubles in addition. Chernyshev went to court with a claim against Kolesov, demanding the return of the car. The court dismissed the claim, citing the fact that Chernyshev did not manage to register the car with the traffic police in his own name, and therefore Chernyshev did not have ownership of it. The deal between Chernyshev and Kolesov should be considered invalid.
Solve the case.
Task number 5
Under a finance lease agreement (lease agreement), the lessor purchased equipment from the seller for the lessee, which was handed over to the lessee under the acceptance certificate. In connection with a fire that arose at the tenant's enterprise for unidentified reasons, the equipment fell into disrepair and cannot be restored.
Who will bear the property consequences of equipment destruction?
Task number 6
Gord Yuryev, being a municipality, issued a guarantee in favor of the First City Bank. The guarantee was secured by a loan provided to the state-owned enterprise Yurievskaya Mill. Since the borrower did not return the loan on time, the bank sent a demand to the city administration to pay the amount owed. In response, the administration demanded to provide documents confirming the refusal of the borrower to repay the loan. The bank filed a second demand, referring to the fact that the terms of the guarantee do not provide for the documents requested by the administration.
What is the nature of the collateral provided to the bank? Are the bank's claims grounded?
Task number 7
The regional consumer society filed a lawsuit to recover 12689 rubles from the tax inspectorate. losses in the form of lost profits. At the hearing, it was established that the actions of the tax inspectorate caused losses. However, by a court decision, the claim was denied due to the impossibility of satisfying it at the expense of the tax inspectorate.
Please evaluate the court decision.
Task number 8
Mikhailov, sorting out the property of his deceased father, discovered a receipt from Grishin that he borrowed a significant amount of money from Mikhailov's father to buy a refrigerator and undertakes to repay the debt within four years. The debt has not expired yet. Mikhailov as n
A state institution, providing paid services, received an income of 100 million rubles. The head of the institution, in accordance with clause 2 of article 298 of the Civil Code, intended to purchase equipment for scientific research with the proceeds. However, the tax inspectorate, guided by clause 2 of article 55 of the BC, demanded from the head of the institution the transferred income in full to the state budget.
Is the claim of the tax office subject to satisfaction?
Task number 2
The Ibragimovs, having decided to dissolve the marriage, drew up a written agreement stating that Ibragimov would not claim the division of the apartment, leave St. Petersburg and permanently live with his mother in Tver. Ibragimova, for her part, pledged not to remarry until graduation from their daughter, a first-year student. The Ibragimovs turned to a notary for certification of the agreement reached. The latter refused to certify the agreement, which, in his opinion, is contrary to the law.
Is the notary right? The answer is to argue.
Task number 3
Vostokov, carried away by playing preference, owed a large sum to Zhukov. He formalized his debt with an IOU with the obligation to pay the entire amount no later than 10 days from the date of the receipt. In the event of a delay in paying off the debt, Vostokov undertook to pay a fine in the amount of half of the debt.
After 12 days from the date of drawing up the receipt, the debt was fully repaid. Since Vostokov violated the deadline for payment, Zhukov went to court with a demand to recover a fine.
Solve the case. Will the decision change if, instead of a receipt, Vostokov issued a promissory note?
Task number 4
Chernyshev bought a Zhiguli passenger car from Kolesov, having certified this deal with a notary. A few days after that, Kolesov arbitrarily took the car and refused to return it until Chernyshev paid him, Kolesov, 30 thousand rubles in addition. Chernyshev went to court with a claim against Kolesov, demanding the return of the car. The court dismissed the claim, citing the fact that Chernyshev did not manage to register the car with the traffic police in his own name, and therefore Chernyshev did not have ownership of it. The deal between Chernyshev and Kolesov should be considered invalid.
Solve the case.
Task number 5
Under a finance lease agreement (lease agreement), the lessor purchased equipment from the seller for the lessee, which was handed over to the lessee under the acceptance certificate. In connection with a fire that arose at the tenant's enterprise for unidentified reasons, the equipment fell into disrepair and cannot be restored.
Who will bear the property consequences of equipment destruction?
Task number 6
Gord Yuryev, being a municipality, issued a guarantee in favor of the First City Bank. The guarantee was secured by a loan provided to the state-owned enterprise Yurievskaya Mill. Since the borrower did not return the loan on time, the bank sent a demand to the city administration to pay the amount owed. In response, the administration demanded to provide documents confirming the refusal of the borrower to repay the loan. The bank filed a second demand, referring to the fact that the terms of the guarantee do not provide for the documents requested by the administration.
What is the nature of the collateral provided to the bank? Are the bank's claims grounded?
Task number 7
The regional consumer society filed a lawsuit to recover 12689 rubles from the tax inspectorate. losses in the form of lost profits. At the hearing, it was established that the actions of the tax inspectorate caused losses. However, by a court decision, the claim was denied due to the impossibility of satisfying it at the expense of the tax inspectorate.
Please evaluate the court decision.
Task number 8
Mikhailov, sorting out the property of his deceased father, discovered a receipt from Grishin that he borrowed a significant amount of money from Mikhailov's father to buy a refrigerator and undertakes to repay the debt within four years. The debt has not expired yet. Mikhailov as n