Civil Law Examination 1 Witte (MIEMP)

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 Task 1 By the order of the director of the production and commercial company Paks, the Regulations on the branch - financial center were approved. Clause 2.1 of the Provision stipulated that the purpose of the branch is to attract funds from the public and organizations on the terms of urgency, repayment, payment. The branch systematically carried out such activities from July 1 to July 20, 2006. The prosecutor filed a lawsuit in the public interest with the Paks PKF to terminate the branch’s banking operations pending obtaining the appropriate license.
1. How does the legal capacity of a legal entity correlate with the licensing of its activities?
2. Does a legal entity have the right to provide its branch with such functions that it does not possess?
3. If the activity of the branch will be recognized as illegal, what legal consequences will arise in respect of the contracts concluded from July 1 to 20?
Task 2
On February 10, 2006, engineer Kolesov on a Moscow-Novosibirsk plane took off on a business trip. On February 12, on the radio in the “News” program, Kolesov´s wife heard about the catastrophe that the plane took on the flight Moscow-Novosibirsk. She applied for information to the Moscow airport, from which her husband flew, and she was informed 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, was dead.
On February 15, Kolesova applied to the notary office for obtaining a certificate of inheritance of the apartment in which she and her husband lived, since she was the only heir.
1. What is the time frame established by the Civil Code of the Russian Federation for declaring a citizen dead?
2. Which of the named periods should be considered in this case and why?
3. What actions need to produce Kolesova to get an inheritance?
4. In which month will she enter into inheritance rights (deadline for accepting an inheritance is 6 months from the time of the testator´s death)


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