Part 1 of the RF Civil law practice

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Description

Practical tasks



Objective 1

After ten years of marriage, the couple divorced Sidorov. At the hearing in the division of joint property Sidorov asked to recognize her right to half of the fee, which is due to her husband for the publication of his book, which he wrote during their life together. According to Sidorov, the fee can not be considered joint property of spouses under Art. 256 of the Civil Code, since the fees they have not yet received. Sidorov drew the court´s attention to an article of Doctor of Law, which states that the royalties become the joint property of the couple from the moment of its calculation and not from the receipt of one spouse. A similar explanation given in the comments to art. 256 of the Civil Code. In addition, it is known that the neighboring district court considering a similar case, the claim sharing accrued but not received royalties granted.


The issue:

• What should be guided by the court when deciding the case?



Task 2

February 10, 2006 Engineer Kolesov plane flew from Moscow to Novosibirsk on a business trip. February 12, on the radio program "News" Kolesov´s wife heard about the disaster, which has suffered the plane, en route flight from Moscow to Novosibirsk. She asked for information at the Moscow airport, departing from her husband, and she was told that the plane really at high altitude for unknown reasons lost control, fell and crashed. In accordance with the list of registered passengers Kolesov received information that her husband probably died.

February 15 Kolesov turned to the notary office for obtaining a certificate to inherit the apartment where she and her husband have lived since she was the sole heir.


Questions

• What are the terms of the Civil Code are set for declaring the citizen dead?

• Which of these terms should be considered in this case, and why?



Objective 3

JSC "AVTOSTROY" appealed to the court to LLC "Virineya" on recovery under the lease of non-residential premises 58500 rubles. In support of the requirements of the plaintiff pointed out that the company "Vireneya" appealed to the letter of the provision of non-residential warehouse under a lease signed by the manager of supply department.

The room was provided, but rents have been reported.

The defendant said that did not satisfy the plaintiff´s claim on the grounds that the request (for an 278 number) is not a contract of lease.


Questions

• In what form are the contracts on behalf of a legal entity and who they are signed?

• Whether a worker without power of attorney on behalf of a legal entity to transact?



Task 4

Minors 16 years and janitors Vasilev 17 years old, stole a car belonging to Dmitriev, pitched it as a result of a traffic offense. Dmitriev presented to Dvornikova Vasilyev and an action for damages. Since neither Dvornikova or Vasilyev did not have their own funds, the plaintiff requested to attract joint responsibility of their parents. Recent objected to joint and several liability, considering that Article. 1080 of the Civil Code establishes a joint and several liability only of the tortfeasor. Since the parents themselves do not cause harm to the rule of Art. 1080 of the Civil Code does not apply to them, and they should not bear the joint and several, and severally liable. In addition, parents and Vasiliev Dvornikova believed that art. 1080 of the Civil Code establishes a joint and several liability only in cases of harm to organizations - legal persons, not citizens.


The issue:

• Disassemble the reasons parents Dvornikova and Vasiliev and decide the case.


Objective 5

Additional information

Task 6

The decision of the local administration Vasilyeva was lowered the age of consent to 17 years, after which she joined in marriage to Fedorov. In connection with the move to her husband, who lives in another village, she decided to sell the house, who went to her bequest. Since none of her fellow villagers were unwilling to buy a house for permanent residence, it has agreed with one of the neighbors, Nikitin, the sale of his house on the demolition for the equivalent of 500 US dollars. Learning of this, parents Fedorova told her that they were opposed to the deal because the price is very low. According to them, the house should not have sold for demolition, because it is in good condition and they were able to pick up a buyer who wants to buy a house for permanent residence for a large sum. Fedorov said that the contract has already been signed with Nikitin and modify or terminate it, it does not intend to. Then the parents appealed to the court for recognition of the concluded deals with Nikitin as a perfect void their minor daughter without their consent.


Questions

• What decision must take the court?



Target 7

Construction Trust (CMT) showed a limited liability company (LLC) a claim for the recovery of the illegal possession of the last crane. As a third party to take part in was drawn closed aktsio¬nernoe Company (CJSC), which gained 000 crane. Opening session of the arbitral tribunal, the judge suggested yaviv¬shimsya confirm their authority. CMT was presented shtat¬nym counsel, presented the court with the power of attorney to participate in the case. Interests 000 presented by its director, a passport and a certificate of registration. On behalf of the Company, Chairperson of the Board of Directors, having at the hands of an extract from the minutes of the meeting of founders on electing him for this position.


Questions:

• How should the judge do?



Target 8

During marriage Leontiev and Maximov together bought a house. Subsequently, the marriage between them was terminated and Leontiev sued to Maximov sharing home. The case was assigned to the examination. At the conclusion of the examination disputed house in nature can not be divided for technical reasons. House shield konstruk¬tsii and its section in nature in two parts need to cut openings in the panels for doors, leading konstruk¬tsii weakening throughout the house.

At the trial court found that Leontiev lives in a house with a seriously ill daughter, born in a marriage with Maximov and Maksimov home does not use and provide other residential plo¬schadyu.


The issue:

Solve the case.



Target 9

JSC "AVTOSTROY" appealed to the court to LLC "Virineya" on recovery under the lease of non-residential premises 58500 rubles. In support of the requirements of the plaintiff pointed out that the company "Vireneya" appealed to the letter of the provision of non-residential warehouse under a lease signed by the manager of supply department.

The room was provided, but rents have been reported.

The defendant said that did not satisfy the plaintiff´s claim on the grounds that the request (for an 278 number) is not a contract of lease.


Questions:

• In what form are the contracts on behalf of a legal entity and who they are signed?

• Whether a worker without power of attorney on behalf of a legal entity to transact?


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