Civil law practical work

Task 1
After ten years of marriage, the Sidorovs divorced the marriage. At the hearing, when dividing the jointly acquired property, Sidorova asked to recognize her right to half of the fee that is due to her husband for the publication of his book, written by him during their life together. According to Sidorov, the fee cannot be considered the common joint property of the spouses, provided for in Art. 256 GK, since this fee has not yet been received by him. Sidorova drew the court's attention to the article of the Doctor of Laws, which states that the royalties become the joint property of the spouses from the moment of their accrual, and not from the moment of receipt by one of the spouses. A similar explanation is given in the commentary to Art. 256 GK. In addition, she knows that the court of the neighboring region, considering the same case, satisfied the claim for the division of the accrued but not received fee.

Question:
• What should the court be guided by when making a decision in this case?


Task 2
On February 10, 2006, engineer Kolesov took off on a business trip by plane Moscow-Novosibirsk. On February 12, on the radio program "Novosti", Kolesov's wife heard about the catastrophe suffered by the plane en route from Moscow to Novosibirsk. She turned for information to the Moscow airport from which her husband was flying, and she was told that indeed the plane at high altitude for unknown reasons lost control, fell and crashed. According to the lists of registered passengers, Kolesova received information that her husband, in all likelihood, had died.
On February 15, Kolesova applied to the notary office to obtain a certificate of inheritance for the apartment in which she and her husband lived, since she was the only heir.

Questions
• What are the terms established by the Civil Code of the Russian Federation for declaring a citizen dead?
• Which of the named terms should be taken into account in this case and why?


Task 3
JSC Avtostroy filed a lawsuit against LLC Virineya to collect 58500 rubles under a lease agreement for non-residential premises. In support of the claims, the plaintiff indicated that Vireneya LLC applied to OJSC with a letter on the provision of non-residential warehouse premises on a lease basis, signed by the sales department manager.
The premises were provided, but no rent was received.
The defendant indicated that it did not satisfy the plaintiff's claims on the grounds that the request (letter No. 278) was not a lease agreement.

Questions
• In what form are contracts concluded on behalf of a legal entity and by whom are they signed?
• Is an employee entitled to conclude transactions on behalf of a legal entity without a power of attorney?


Task 4
Minors Dvornikov 16 years old and Vasilyev 17 years old, having stolen a car belonging to Dmitriev, crashed it as a result of a traffic violation. Dmitriev filed a claim for damages against Dvornikov and Vasiliev. Since neither Dvornikov nor Vasiliev had their own funds, the plaintiff asked to bring their parents to joint responsibility. The latter objected to joint and several liability, believing that Art. 1080 of the Civil Code establishes joint liability only for the torturers themselves. Since the parents themselves did not cause harm, the rule of Art. 1080 of the Civil Code does not apply to them, and they should bear not joint, but shared responsibility. In addition, the parents of Dvornikov and Vasiliev believed that Art. 1080 of the Civil Code establishes joint liability only for cases of harm caused by organizations - legal entities, and not citizens.

Question:
• Analyze the arguments of the parents of Dvornikov and Vasiliev and solve the case.


Task 5
Soloviev signed an agreement with a team of workers for the overhaul of his dacha. While dismantling the tiled stove, one of the workers discovered a box with gold coins and jewelry. Upon learning of this, the owner of the dacha demanded that the box with the discovered values ​​be handed over to him. The worker refused to transfer the valuables, claiming that they belonged to him because he had found them. Others began to claim their share of the values.