Verification work on the civil process

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Content: Гражданский процесс.rar 194,68 kB
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Product description

Verification work on the civil process


Verification work on the civil process, which includes 2 theoretical questions and 3 tasks.

For its preparation, normative legal acts and materials of judicial practice were used as of November 2018 (for a list of issues and tasks, see additional information).

In addition, adjustments are possible, based on the requirements of a particular school.

Additional information

Legal differences claim and special production?
What kind of persons enjoy immunities in civil proceedings?

PROBLEM number 1
Kouchner appealed to the regional court with a statement on the restoration of the term for appeal against the court decision. The complaint of the respondent was attached with a statement about the restoration of the missed period due to the fact that on the second day after the decision was made, he became seriously ill, was hospitalized, where he spent six weeks and therefore could not file a complaint in time. After leaving the hospital, he was unable to file a complaint on time due to his lack of a court decision, which was lost during mailing, and at that time he went to a sanatorium. Upon the coming of five months, he filed a cassation appeal with the relevant court.
How should the court, which received the complaint?

Problem number 2
Identify the types and elements of the following actions:
1. The claim Balashin E.O. to JSC "Research Institute of Nonwovens" for the recovery of 275,000 rubles. due to the defendant’s failure to fulfill certain conditions of a simple partnership agreement related to the use of industrial property: a trademark and a utility model.
2. The claim by residents of apartments on the 2nd floor to ban Gastronomy No. 1, located on the 1st floor of the building, to include refrigeration units at night after the store closes.
3. The claim Romashova E.A. to the Ministry of Finance of the Russian Federation represented by the district branch of the federal treasury of the Vologda region, to the labor department for the recovery of the cost of the Oka car (72,000 rubles) and to the labor and social development department of the region about the violation of its right to receive a car as a means of rehabilitation. In support of their claims Romashov E.A. indicated that, being a disabled person of military service of group II, he is in accordance with Art. 14 of the Federal Law "On Veterans" as a means of rehabilitation is entitled to receive a free vehicle. On the basis of the written order of the regional department of labor and social development “On car acceptance”, he passed the previously received Tavria car due to the expiration of the 7-year technical maintenance period. However, the management of the department refused to issue a new car, citing the fact that there is a queue for people with disabilities to receive cars.
4. The lawsuit brought by Kasatonov N.A. due to the fact that he repeatedly receives anonymous letters discrediting his honor and dignity and containing information that does not correspond to reality. Similar information is sent to the management of the organization in which he works. In the statement of claim, he points out that the letters were executed by the same author and indicates his last name. However, his original signature is missing.
5. Claim by Gavrishin E.S. on the prohibition of Zotov EI, his neighbor in the garden plot, to plant fruit trees close to the border with his garden plot, since perennial flowers (hyacinths) were planted there, which will affect their growth and development.

PROBLEM number 3
Maksimov filed a lawsuit seeking compensation for damage caused by damage to health as a result of a traffic accident. As the defendant, he asked to involve Lebedev, who was driving the car at the time of the accident. The defendant in the proceedings explained that at the time of the accident he was driving a car by proxy. The car belonged to Romanov. However, in the course of the consideration of the case, it turned out that the term of the power of attorney had expired. The car was taken by Lebedev out of the garage without authorization. What should the court do? Determine the procedural status of participants in the process?

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