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Изучая исковое заявление о взыскании денежных средств

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Uploaded: 17.01.2014
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Task 1.
By studying a claim for recovery of funds, the judge paid attention to the expiry of the limitation period concerning the claim. In this regard, the definition of preparing the case for trial were invited parties to submit to the court an explanation related to the omission of the limitation period.
Analyze the situation.
Justify your answer by the law and the explanations of higher judiciary.

Task 2.
Municipal Enterprise of Housing and Communal Services appealed to the Arbitration Court of the Republic of Karelia with the claim to the District Department of Culture for the recovery of debts for the consumed electricity. When preparing the case for the trial judge found that the statement of claim on behalf of the MP utilities signed by a person not entitled to sign it, and made a decision to leave the claim without consideration.
Evaluate the actions of judges.

Task 3.
Arbitration Court judge adjourned the hearing in connection with its consideration of other cases assigned by the error on the same day. Then she proceeded to consideration of the first case.
Violated if the judge rules AIC?
In some cases, the judge declares a break?

Task 4.
After receiving an application for recognition of the authorized body of the municipal unitary enterprise "utilities" bankrupt, the tribunal ruled that the adoption and introduction of monitoring. Temporary administrator was appointed Fedorov, topped the list of candidates referred to the competent authority in a statement. The same definition of the court appointed a mediator to resolve the conflict, and has suspended the proceedings.
They were allowed the arbitral tribunal any errors in making the application?

Task 5.
By agreeing to the examination of the case by summary procedure, the defendant told the court of arbitration an application for examination of the case involving arbitration assessors.
What should the arbitral tribunal?

Task 6.
The decision of the arbitral tribunal has been resolved dispute between fisheries Combine and wholesale trading company on the execution of the contract delivery. The arbitration court ordered the fish plant to compensate the company incurred losses. However, the plant has refused to execute the decision, on the grounds that he was not informed of the place of the hearing. The company appealed to the arbitration court to issue a writ of execution to enforce the decision, noting that the plant during the trial changed his business address and, therefore, the agenda was sent to the former address.
Is it possible in this case, the enforcement of the decision of the arbitral tribunal?

Task 7.
The tax authority applied for recovery from the IP Sorokina not paid its taxes for real estate (property) .Vozrazhaya against the stated requirements Sorokin pointed out that she owns property, not as an individual entrepreneur, and as a citizen, as the property is not used it for business.
What should the court?

Task 8.
Deputy Prosecutor of the Republic of Tatarstan in the interests of the Savings Bank of the Russian Federation in the person of Nizhnekamsk Branch filed a lawsuit to recover from the business of 9 thousand. Rub.
The court ruling returned the application without considering the protection of the public prosecutor on grounds of commercial activity of the bank, rather than the state and public interests.
Evaluate the actions of the court.
What are the requirements to the prosecutor as a subject entitled to initiate legal proceedings?

Task 9.
The decision of the arbitration court of Khanty-Mansiysk Autonomous Okrug of "energy" in favor of "Severgaz" recovered 2 million. debt for delivered fuel. Issued on the basis of this decision the writ of "Severgaz" filed to the account debtor CB "Municipal Bank" Ekaterinburg.
The Bank returned to the arbitration court writ of execution without referring to

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