Civil law MIEMP Witte (rating work) 2

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Uploaded: 07.04.2019
Content: Гражданское право.rar 107,42 kB


Task 1.
Viktor Chernov received a tape recorder as a gift from his grandmother on the occasion of his graduation. After some time, he asked his grandmother if she would object to the fact that he exchanged the tape recorder for a video camera belonging to his friend Maximov. Grandmother did not object and wrote in writing her consent to the transaction. The exchange took place. Victor´s father, having learned about the exchange, demanded that Maximov return the tape recorder and take back the video camera, since he did not give his consent to the exchange. Maksimov refused, explaining that, as far as he knew, the tape recorder was presented to Victor not by his father, but by his grandmother, who gave a written consent to the transaction. Under these circumstances, as Maximov believed, the underage Victor did not need his father’s consent to the transaction. Question: Consider the dispute on the merits.
Task 2.
In February 2017, the Inspectorate of the Federal Tax Service of the Russian Federation appealed to the arbitration court with a claim for liquidation, Iceberg LLC. The reports of the LLC for the years 2015 and 2016 submitted to the Inspectorate indicated that at the end of each of these periods, the value of the company´s net assets was below the minimum size of the authorized capital established by law for limited liability companies. Iceberg LLC in its objections indicated that as a result of the revaluation of fixed assets as of January 1, 2017, the size of the company´s net assets began to exceed the legal minimum authorized capital, and due to this circumstance the company is not subject to liquidation. Questions: 1. On what grounds can a legal entity be liquidated in court? 2. What is the basis for the liquidation of a legal entity?


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