Civil law practical part 2
Replenishment date: 14.05.2013
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Description
Collection of practical tasks in the discipline "Civil law" part 2.
Task 1.
Is it a violation of the law to indicate the price in price tags for expensive industrial goods (refrigerator) in conventional units?
Task 2.
Citizen N. registered her brother and his partner, who had come from Tajikistan to trade at the market in Moscow, for six months. They asked for a loan for the purchase of a new product, however, having received the money, they immediately sent it to Tajikistan on account of the debt of their cohabitant. Upon learning of this, citizen N. entered into a loan agreement with her brother, in simple written form, and took a receipt from him. The agreed terms for the return have expired, but he does not return the money, for six months he does not officially work anywhere, and cannot answer the debts with his property due to its absence.
Is Art. 159 of the Civil Code of the Russian Federation?
Task 3.
The commercial bank did not return the money awarded to citizen K. by the court, citing the current lack of sufficient funds in the accounts.
Is it possible to file a second claim against another organization that has a controlling stake in the debtor bank and demand that it pay the debt under the writ of execution?
Task 4.
Citizen. M. works under a contract, which provides for a monetary remuneration as a percentage of the case won in an arbitration court after the money is received in the current account. I won the case, but on the initiative of the defendant and with the consent of the director, the amount of the claim is offset for taxes, for energy, etc. Money is not credited to the current account.
Is citizen M. entitled to remuneration from the offset amount?
Task 5.
Can they be evicted without providing another living space from a municipal apartment for systematic non-payment of a rental contract?
Task 6.
The bank issued a loan to the Joint Stock Company on December 9, 1998 with a maturity date of February 18, 1999. On November 11, 1998, a moratorium was introduced in the joint-stock company, and the bankruptcy administrator stopped paying the monthly fee for the loan, referring to Article 70 of the Federal Law "On Insolvency (bankruptcy) ". The Bank believes that in accordance with clause 4 of Art. 70, the moratorium does not apply to the requirement for user fees, since the term for its return will come after the introduction of the moratorium.
Is the bank right, insisting on payment similar to heat and electricity, and how to influence the manager?
Task 7.
November 17, 1994 Vorobiev bought a freezer from a trading company. The corresponding warranty period is set at 3 years. On December 20, the freezer stopped working because it turned out that the filling pipe was not welded properly. On December 21, the buyer turned to the seller and demanded to replace it with a new one within 15 days. The seller refused. On January 10, the buyer filed a lawsuit.
What decision should the court make?
Task 8.
What is the legal status of the lease agreement (or other) of the home electrical plate? Overhaul, replacement, parties to the contract, standards.
Task 9.
Explain the issue of payment for state registration of transactions with housing and rights to it. According to the law, these two types of registration are carried out separately: first, the purchase and sale agreement, then the rights to real estate.
Is this payment subject to VAT and sales tax?
Task 10.
Autumn 1993. citizen I. bought an apartment. A year later, the court declared the agreement invalid as a derivative of the previous agreement that did not comply with the law, since at the conclusion of the latter there was no permission from the guardianship authorities for alienation, which violated the rights of the minor.
Is it possible to recover the cost of an apartment from a notary who certified a transaction that does not comply with the law?
Task 1.
Is it a violation of the law to indicate the price in price tags for expensive industrial goods (refrigerator) in conventional units?
Task 2.
Citizen N. registered her brother and his partner, who had come from Tajikistan to trade at the market in Moscow, for six months. They asked for a loan for the purchase of a new product, however, having received the money, they immediately sent it to Tajikistan on account of the debt of their cohabitant. Upon learning of this, citizen N. entered into a loan agreement with her brother, in simple written form, and took a receipt from him. The agreed terms for the return have expired, but he does not return the money, for six months he does not officially work anywhere, and cannot answer the debts with his property due to its absence.
Is Art. 159 of the Civil Code of the Russian Federation?
Task 3.
The commercial bank did not return the money awarded to citizen K. by the court, citing the current lack of sufficient funds in the accounts.
Is it possible to file a second claim against another organization that has a controlling stake in the debtor bank and demand that it pay the debt under the writ of execution?
Task 4.
Citizen. M. works under a contract, which provides for a monetary remuneration as a percentage of the case won in an arbitration court after the money is received in the current account. I won the case, but on the initiative of the defendant and with the consent of the director, the amount of the claim is offset for taxes, for energy, etc. Money is not credited to the current account.
Is citizen M. entitled to remuneration from the offset amount?
Task 5.
Can they be evicted without providing another living space from a municipal apartment for systematic non-payment of a rental contract?
Task 6.
The bank issued a loan to the Joint Stock Company on December 9, 1998 with a maturity date of February 18, 1999. On November 11, 1998, a moratorium was introduced in the joint-stock company, and the bankruptcy administrator stopped paying the monthly fee for the loan, referring to Article 70 of the Federal Law "On Insolvency (bankruptcy) ". The Bank believes that in accordance with clause 4 of Art. 70, the moratorium does not apply to the requirement for user fees, since the term for its return will come after the introduction of the moratorium.
Is the bank right, insisting on payment similar to heat and electricity, and how to influence the manager?
Task 7.
November 17, 1994 Vorobiev bought a freezer from a trading company. The corresponding warranty period is set at 3 years. On December 20, the freezer stopped working because it turned out that the filling pipe was not welded properly. On December 21, the buyer turned to the seller and demanded to replace it with a new one within 15 days. The seller refused. On January 10, the buyer filed a lawsuit.
What decision should the court make?
Task 8.
What is the legal status of the lease agreement (or other) of the home electrical plate? Overhaul, replacement, parties to the contract, standards.
Task 9.
Explain the issue of payment for state registration of transactions with housing and rights to it. According to the law, these two types of registration are carried out separately: first, the purchase and sale agreement, then the rights to real estate.
Is this payment subject to VAT and sales tax?
Task 10.
Autumn 1993. citizen I. bought an apartment. A year later, the court declared the agreement invalid as a derivative of the previous agreement that did not comply with the law, since at the conclusion of the latter there was no permission from the guardianship authorities for alienation, which violated the rights of the minor.
Is it possible to recover the cost of an apartment from a notary who certified a transaction that does not comply with the law?