The arbitration court has addressed about stock-in

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Uploaded: 03.08.2015
Content: 15-027.zip (12,28 kB)

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Description

Objective 1

The arbitration court has addressed Joint action against the municipal enterprise of housing and communal services for the recovery envisaged by the parties in the contract penalty for failure to heat.
The defendant objected to the claim, referring to the fact that the cause of failure was the avoidance of thermal energy of the company at the conclusion of the contract by matching the number of monthly and quarterly energy supply.
Let the merits.

Task 2

Joint-stock company was awarded a contract with the owner of the building, on the basis of which the Company acquired the right to use the roof of the building for advertising.
On the expiry of the term of the contract owner of the joint stock company refused to conclude a contract for a new term, having concluded a similar agreement with another person.
Joint-stock company, believing that concluded between him and the owner of the rental contract is a contract of the roof of the building, on the basis of Article 621 of the Civil Code of the Russian Federation appealed to the arbitration court for transfer of the rights and obligations under the second contract. The petition Society indicated that within two years of its roof-mounted billboards and fulfill the obligations of making payments.
The court dismissed the claim, declared inapplicable in the article 621 of the Civil Code.
Consider the court´s decision.

Objective 3

The seller appealed to the arbitration court against the purchaser to recover from the last interest for delay in performance of monetary obligations: payment of the cost of the goods under the contract - the sale.
From the materials of the case indicated that the payment for the goods was to be made to the letter of credit. In the contracted period of the letter of credit was not opened, and therefore the supplier and the suit said. The goods were shipped.
Solve the case on the merits.

Task 4

Closed Joint Stock Company appealed to the arbitration court against the individual entrepreneur on debt collection under the contract of sale of goods concluded between them.
The plaintiff believed that the transaction is held by the contract of sale, which defines the term of payment. After this period the defendant transferred the goods subject to payment of the price agreed by the parties, even if the goods have not yet been implemented. The contractual condition that the goods must be paid to the extent of implementation, and no later than a certain period, according to the plaintiff, that justifies postponing the payment, which was granted to the buyer.
The defendant objected to the claim of believing that concluded transaction meets the commission agreement and not a contract of sale, in this connection in accordance with paragraph 1 of Article 990 of the Civil Code of the Russian Federation, the obligation to pay the defendant received for sale of goods does not arise until such time as the actual implementation. Since the defendant has presented evidence that the product is only partially implemented and the remaining part can be returned to the applicant, it is considered the plaintiff´s claims are not subject to satisfaction.
Solve the case merits.

Objective 5

The organization carried out its own construction of the garage for their own needs. Later, the construction was suspended, as the garage facility with incomplete construction adopted by the balance of the organization.
Municipal Enterprise without the knowledge of the owner of the garage dismantled and transported concrete slabs, using them in the future for their own purposes.
Since the return of the plates in kind was impossible, the organization turned to the company with a claim for damages resulting from the unlawful actions of the defendant. The plaintiff sought to recover the cost of exported slabs and expenses incurred in their installation.
Considering that on the side of the defendant have the obligation as a result of unjust enrichment...

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