Civil law practice with answers ch.1,10 Issues.

CIVIL LAW

(PART 1)

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

Solovyov concluded with a team of workers contract for the overhaul of their cottages. When disassembling the tiled stove one of the workers found a box with gold coins and jewels. Learning of this, the owner of the cottages has demanded the transfer of the casket with the detected values. Work re