Legal regulation of the insurance contract (2016)

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1. Legal regulation of the insurance contract 3
2. What is the ratio between compensation for damages and payment of property sanctions? 8
Task 1 10
Task 2 12
Task 3 14
List of references and sources used 16

Task 1

The Closed Joint-Stock Company (CJSC) supplied the production cooperative "Omega" with a batch of poor-quality computers. The co-op demanded from ZAO payment of the forfeit established by the contract and in addition to this compensation in full the real damage and loss of profits. ZAO agreed only to pay the penalty, motivating this inadmissibility of simultaneous collection of penalties and damages (in any of their ratios).
A. Does the CC contain definitions of the notions of forfeit, real damage and loss of profit?
Q. Is it possible to recover damages for damages beyond the forfeit for breach of contract?
C. Are the actions of ZAO lawful?

Task 2

In the arbitration court, a partnership with limited liability (founded on the basis of the lease of property of a state enterprise and repurchased it) applied to the territorial property management agency to enforce a lease for non-residential premises. The plaintiff supported his demands with references to clause 5.14.6 of the State Program for the Privatization of State and Municipal Enterprises in the Russian Federation (approved by Presidential Decree No. 2284 of December 24, 1993), according to which such partnership has the exclusive right rent (for at least 15 years) of buildings, structures, non-residential premises, which it rented or which actually owned, used in the process of statutory activities.
As can be seen from the documents submitted to the arbitration court, the partnership was formed by the members of the labor collective of the rental company for the repurchase of the leased property in accordance with the requirements of paragraph 5 of Presidential Decree No. 1230 of October 14, 1992 "On the Regulation of Lease Relations and privatization of property of state and municipal enterprises leased out. " The building, in which the leasehold was located, was not included in the composition of the redeemed property.
The territorial agency for property management refused to enter into a lease agreement for non-residential premises, citing the fact that LLP did not acquire the right to lease a disputed premises, since part of the members of the labor collective of the leased enterprise did not become a member of the founders of the partnership.
Is the suit of the partnership subject to satisfaction? What acts of legislation on privatization should be guided when considering a statement of claim?

Task 3

The joint-stock company (created in the process of privatization) applied to the arbitration court with a claim to invalidate the decision of the property management committee to exclude the real estate object from the charter capital of the company.
Does the property management committee have the right to unilaterally decide to withdraw the building from the joint-stock company´s assets and thereby reduce its authorized capital? Are the claims of the JSC subject to satisfaction?

Additional information

Remember that any ready-made work needs to be finalized and can not be used as an end-product. The work was done in WORD format in accordance with GOST.


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