Civil Procedural Law MUIV Witte

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Civil Procedure Part 2 Control 2
Option 3
Problem 1 On November 4, 2003, Tvardovsky appealed to the court to the Rost-Avia company for the recovery of damages caused by the delay of the departure of the Moscow-Novorossiysk flight, due to which he did not have time for important negotiations, he was forced to sign a contract for less favorable conditions, was deprived of quarterly premium. Having received a statement of claim at a personal reception, the judge, at the request of the plaintiff, handed him a request to the airline’s dispatching service to receive a certificate of the departure time of the flight in question. In addition, the judge set a time for presenting other evidence: copies of the payroll for November 2003, copies of the order to impose a penalty on the plaintiff, certificates from the accounting department about the amount of the premium paid quarterly. Having received
November 20, 2003 the specified documents, the judge made a decision to initiate a civil case. Questions: 1. From what moment is it possible to prepare the case for trial? 2. How is the beginning of the preparation process documented?
 
Objective 2 Is the judge entitled to prepare the case for a trial to take the following actions: 1) make a determination on the replacement of an inappropriate party; 2) to appoint an additional or re-examination; 3) refuse to accept the claim; 4) to request the necessary written or material evidence not submitted by the parties; 5) leave the application without movement; 6) send a court order.
 
Task 3 Alimova sued Borisov to determine how to use the apartment. At the hearing, the representative of the defendant filed a motion to postpone the trial of the case in connection with Borisov’s departure for a business trip. The court rejected the petition and considered the case in absentia. Questions: 1. Has the court acted correctly? 2. Justify your answer with references to the relevant provisions of the law.
 
Task 4 Petrov, the nephew of Sizov, who died in May 2004, asked Petrov to establish the fact that he was dependent on the deceased. The establishment of this fact is necessary for him to obtain the hereditary rights to the garden house, remaining after Sizov’s death. AT
Petrov said in a statement that the daughter of the deceased Sidorov also claimed the garden plot. Questions: 1. What should a judge do? 2. What are the conditions for establishing in a special proceedings of legal facts. Are they in this case?

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