Civil law

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Uploaded: 30.07.2015
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Within the framework of given work are solved following problems:

1) At March 2011 M. has sent its damaged in damages car VAZ-2109 for repair workman ZAO Horizon B. and P., which by means of автокрана and cargo motor vehicle, belonged to this ZAO, have delivered the car M. on territory of the mentioned organization, got from M. advance in amount 50% from cost of the work on repair of the car in amount of 25 000 roubles. Work was expected execute during fortnight.
In process of the repair was realized that necessary change the basket. Since required basket on storehouse ZAO did not turn out to be, B. and P. have asked about delay of the performance of the obligation. Then M. has required to return him car and pay damages. B. and P. agreed to return the car, but from indemnifying the losses refused, having required, in turn, indemnifying the expenses, already made by them in connection with repair of the car.
M. applied to court with requirement to ZAO Horizon about return the car and indemnifying the losses. Defendant with suit requirements did not agree, having referred to absence of the contractual relations with M.
1. What agreement was comprised under the provisions of problems, who is his(its) participant as essential terms given agreement?
2. What decision must stand the court?
3. What decision will stand the court if at period judicial hearing in автомастерской has occurred the fire, as a result which car M. was destroyed?

2) OOO Legal company YUsta кауза applied to Court of arbitration Moscow with suit to OOO Stroyservis about recovery 50 000 roubles of the fine on the grounds of item 5.4 agreement on rendering legal help, in accordance with which was provided that in the case of terminations of the agreement by customer (OOO Stroyservis ) or completion to him action (the inactions), влекущих for itself impossibility of the performance of the commission contract (including refusal of suit, review to warrants), he is obliged to pay the performer a fine in amount 50 000 roubles.
In motivation of the suit about recovering the fine legal company has indicated that in performance of the terms concluded between parties of the agreement her is rendered facilities on study represented by OOO Stroyservis document, is prepared and подано in Court of arbitration Moscow suit statement about recovery of indebtedness with contractor OOO Stroyservis .
However OOO Stroyservis in connection with reached by agreement with managament of its debtor according to p. 1 cl. 782 GK RF has notified the legal company of cessation of the contractual relations and about cancelling issued by him warrants.
OOO Stroyservis addressed with counter claims to legal company about confession void (measly) of the item 5.4 agreement on the grounds of p. 1 cl. 782 GK RF. The Decision of the Court of arbitration Moscow suit requirement to legal company was satisfied. In satisfaction of the counter claim OOO Stroyservis was refused. OOO Stroyservis appealled against a decision court to first location in appellate court.
1. Can parties of the agreement возмездного rendering the services to abandon to performances of a contract?
2. Can in agreement возмездного rendering the services to be fixed the restrictions of the right of the parties on unilateral refusal of performances of a contract?
3. Subjects to satisfaction appellate complaint OOO Formation-service ?

The List of the literature: 5 sources Volume: 11 pages 14 skittleses, полуторный interval Date writing the work 2014.
Work was evaluated on отл

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1) Given work is executed with the own hands and is not копипастой (borrowing) from интернета.
2) Originality work at the time of writing forms above 50% on (ETXT-антиплагиат).
3) If originality of the work at the time of sale will be equal 0-20%, that seller will return you your paid money.
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