Civil legal liability for non-conforming goiter
Velikolutska filiya
Modern Humanitarian Institute
course work
for discipline" civil law»
Topic: "Vіdpovidalnіst
for the destruction of goiter "yazan"
| 2.Vіdpovidalnіst for damage goiter | .....4 |
| 2.1. Vіdshkoduvannya zbitkіv | .....4 |
| 2.2. Beats and forfeit | .....8 |
| 2.5. The results of non-conforming goiter should be transferred to an individually assigned person | |
| 2.6. See the evidence | ....14 |
| 2.10. Creditor's fault | ....21 |
| ....21 | |
| ....22 | |
| .....24 |
1. The role of the institute for damage control
goitre
Reforming the economy of our country called for a significant renewal of the entire legislation. One of the most important and great laws in the minds of the transition of the country to the market waters is the Civil Code Russian Federation, the first part of which was introduced in June 1, 1995. Based on the provisions of the Constitution, the Civil Code defines the main legal ambush of the market type of economy: equality and the mechanism of victoriousness of various forms of power, organizational and legal forms under the responsibility, freedom of contract, which allows undertakings to independently appoint their contractors and wash their master's connections.
Zberіgshi ranіshe preformed in Russie system Gromadyanska zakonodavstva, Tsivіlny Code to include in qiu system low novih tsivіlno legal іnstitutіv, poklikanih obslugovuvati rinkovі vіdnosini, іstotno ones bagato ranіshe chinnі normalized Gromadyanska right, i navіt vvіv regulyuvannya, spryamovane pіdvischennya maynovoї vіdpovіdalnostі powers i posilennya nadіynostі contract .
It is characteristic for the development of the Gromadyansky turnover that the participants in the diligent rank of goiter slaughter. In quiet vipads, if the goiter is not vikonano, it is not appropriate to speak about the destruction of the goiter. The destruction of the goiter is the head of the shkodi as a creditor, and most of all, the entire hromadyansky unity is a splinter, the fragments of the destruction of one country can be brought before interruptions in the robot's entire mechanism of commodity-penny money in the suspіlstvі. With the method of zabіgannja podіbnim porushennyam that usunennia їkh naslіdkіv i stanovlyuєєtsivіlno- legal integrity damage to goiter as a sanction for skoєne right damage.
Chapter 25 is assigned to the first part of the Civil Code for damage to the crops of the Civil Code. You should come in directing, or the security of the goiter, or the compensation of the main expenses, as you know, the party suffered.
Primusovs come in, transfer to the branch of the civil law, to fix the rules for the improvement of the rules, as well as to fix them in articles 10-16 of the Civil Code, establish the basic rules for the defense of violated rights.
2. Vidpovidalnist for broken goiter
2.1. Vіdshkoduvannya zbitkіv
The institute of viability for damage to goiter in civil law is of great importance. Vіn spriyaє dotrimannuyu negotiable discipline, build up mіtsnih gospodarskih zv'yazkіv, as well as the development of a system of mutual trust of the parties.
Vіdpovіdalnіst - tse us before the sanction for vikonannya, or not necessarily vikonanny goiter. Forms of vіdpovіdalnosti can be different. The main form is the blowing of beats.
Vidpovіdalnіst іn formіl vіdshkoduvannya zbіtkіv іn mіsce tоdі, іf thе person, yak suffered іn іt іvіlіnnogo pravoshennya, vіvіd zbіtkіv. According to the beats, up to paragraph 2 of Article 15 of the Civil Code, it is clear that the guards, as a person whose right has been violated, have done it, or it will be the responsibility of the work for the restoration of the broken right, the cost or the extra money of the yogo lane (real hits), and also, I have not taken away the income b for the great minds of the hromadyansky turnover, yakbi yogo the right was not broken (the vigo was wasted).
Civilian legislation consolidates the principle of full-fledged controversy. Vіdpovіdno up to paragraph 1 of Article 15 of the person, the right of which is violated, may require a full blowing of the head of the block, as the law or the contract did not transfer the blow of the block to the smaller one. Tse means that, according to the slanderous rule, the blowing off the insults of the parts of the beaten - like a real fight, and the opportunity has been lost.
However, for certain types of goiter and for goiter that are related to the same kind of duty by the law, the right to outside the production of crops can be fenced off (expedition is fenced - Article 400 of the Civil Code). The sound of the exchange is felt by the ciomu, that it is less churning, that it becomes a positive churn (but I haven’t spent the profit). So, up to article 796 of the Civil Code, the carrier is charged for a fault, a loss of money, a shortage, or a small amount of vantage, or a luggage Vtrachena vigoda vіdshkoduvannyu not pіdlyagaє.
As a rule, the contraction of zbitkiv is taken in court order, but it is often important for the parties to know the compromise option. For this reason, the good-natured order should be beaten up to rude blame.
In order to pull the squabbles in court, it is necessary to bring down the main points to which they lie:
the fact of destruction of goiter;
rozmir realshkodi;
the presence of a direct zapodiya zvyazku between damaged goiters and viniknennyam zbitkiv;
Come in and prepare the creditor to increase your income.
For obґruntuvannya zapodіyannya zbitkіv it is necessary to bring the fact of the destruction of goiter. Pіdbіr provovіv zdіysnyuєtsya fallow vіd vіd vіd vіd vіd vіd vіd borzhnika, zokrema, vіd іn character provochiny, s vyniklo goiter yazannya. For example, as a contract after a supply contract, having delivered a defective product or a product that does not comply with the contract, it is necessary to submit the following documents to the court:
the text of the contract (fіksuє obov'yazok z the delivery of goods), including all the addendums to the new one (determine the assortment, kіlkіst, yakіst of the goods that are delivered);
commodity-transport documents (invoices, road sheets, receipts, etc.) at confirmation of the amount delivered;
the act of acceptance-transfer, scho zasvіdchuє characteristics of the goods, scho nadіyshov (in addition, okremo vіdobrazhaє konkretnі porushennya - lack, regrading, shlyub, vіdsutnіst nebhіdnyh komplektuyuchichih);
for these shortfalls, if they could not be signed upon acceptance of products (for example, defects were attached), either additionally or an additional act of acceptance and transfer for the participation of representatives of the parties, or to conduct an independent examination, as it may be possible to establish an analysis of the nature of unacceptable goods.
Tsei perelіk having ceased buti will close it, tk. between the participants of the market they blame different mutually, yakі otrimuyut different legal registration.
As soon as the creditor is given the amount of credit, then the amount of the amount of the skin will be paid off.
To the warehouse of real shkodi, the windows were turned on, as if the person had really done at the time of the presentation of the call for the release of beats, otherwise they would be called upon to restore the violated law, tobto. possible vitrati. Before the real hits, the hits were made, caused by the cost of the money for the money, tk. Vitratis vibrate in the same vipadku.
When appointed, they are taken to the respect of the price that was established there, de goiter is not enough to win, on the day of voluntary satisfaction with the borzhnik, the lender was able to, and as a result, the person was voluntarily satisfied with the call - the day of presentation. Vihodyachi z obstavin right, the court can be satisfied with the best possible release of the hits, taking to the respect of the price, which is based on the day of the judgment (paragraph 3 of Article 393 of the Civil Code).
The norm about the contraction of future species is new in accordance with the Civil Code of 1964. The main problem lies in the obstruction of the need and the expansion of future vitrates. Pevnu clarity at the chain to introduce the Decree of the Plenums of the Supreme Court of the Russian Federation and Vishchogo Arbitration Court RF dated 1st April 1996 No. 618 "About the deeds of nutrition, related to the stagnation of the first part of the DC of the Russian Federation." So paragraph 10 of the courts are proposed by Vimagati Pіdtrezhennia Nechіdnostі Maybutnіkh Vitratoma Tu ї ї-free Rosemir Rosegovyovaniovaya Roseragovka, the pronounced, I can presented Bethi: Natricular, Calculatsey Vitratka for Usuennya Vyatvіk_vіv, Robіt, Communication, Troyvіvіdalnostіє Romіr Vіdpovіdalnostі .P.
In case of the appointed expansion of the future vitrates, it is necessary to ward off that they are not being blown, but the necessary (reasonable) vitrati, if the person suffered in normal terms, after the damage to his rights, he will be charged a reasonable price.
In the case of presenting a statement about the winding up as specific, as well as possible vitrates, it is to blame for bringing the causal links between the damaged (nevikonannyam) obov'yazkiv and zbitkiv, as well as their expansion.
Dotrimannya tsikh minds that at the presentation could about vіdshkoduvannya vіdshkoduvannya vіgodi vіgodi (indispensable income).
Vіdpovіdno to statti 393 paragraph 4 of the Civil Code if you need to be insured by the creditor for її otrimannya come and zroblenі z qієyu method of preparation.
Thus, the Association "PACT" turned to the Yaroslavl Regional Arbitration Court about the contraction of the Sovereign Tax Inspectorate from the Ribinsky district of the city of Zbitkiv at the sight of an irresistible fortune. Call the vimogi buli, hot and chastkovo, ale satisfied. In the appellate instance, the decision of the court was denied without change, prote Higher Arbitration Court of the Russian Federation with its praise on the 21st leaf fall, 1995. No. 5234/95, the decision was made in response to the call of the PACT Association. As a reminder for the witness, it served as a call, zocrema, the daily supply of evidence to the Association about those who got used to it, it was necessary to come in and prepare for the recovery of income.
How to prove that the creditor has accepted the arrival and preparation can be: contracts for the onset of resale of the goods, agreements with third parties for the transportation, collection of the goods, and then the protection of the goods.
in case of calculation of the amount of non-limiting income in the first place, the significance of reliability (reality) of quiet income, as the person suffered, was transferred to the normal minds of the hromadyansky turnover.
In praise of the Plenums of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 618, it is substantiated that the allowance for irretrievable income (lost profit) is guilty of arranging reasonable fees, as the creditor may incur, yakbi goitre was vikonano. Zakrema, in order to increase the irreplaceable income through the short supply of raw materials and components, the price of the sale of finished goods is paid for virahuvannyam vitrates, which are related to their production (paragraph 11 of the Decree).
2.2. Beats and forfeit
One of the ways to ensure the safety of goiter is a forfeit, but at the same time, the world of civil and legal viability. If before the contract there is a provision for a penalty or a legal penalty is transferred, then if one of the sides is damaged and the other side is damaged, it may be possible to pay a penalty for severance between the strikes and the penalty, if there is a charge for tightening that one and the other. The legislator has conveyed this situation and indicated the possible ways to overcome Article 394 of the Central Committee.
As a rule of thumb, there is a forfeit, if there are hits in the part that is not covered by a forfeit. By law or by agreement, a penalty can be transferred, if there is more than a penalty, but a penalty; an alternative forfeit, if the choice of the creditor is either a forfeit or a penalty; a penalty forfeit, if the bribes can be tied up with more money over the forfeit.
The key forfeit was transferred to a number of cases by strict transport legislation for the hour of transportation of baggage and baggage. The alternative forfeit is rarely used in practice. Penalty penalty - the most common type of forfeit vikoristovuvanoї most rude and significant damage to crops, for example, in case of inaccurate delivery of products and goods of mass storage.
In vipadkah, if for nevikonannya or not properly vykonannya goiter, the area is fenced off the borders, the roads, which are blowing the air in the part, which is not covered by the forfeit, or over it, or instead of it, can be pulled together to such borders, in the borders.
2.3. Vіdpovidalnіst for nevykonanny penny goiter
Vіdpovіdalnіst аdeаkі vivi pravoprushen the legislator vinіs okremi statti. p align="justify"> Particularly in the middle of them is article 395 of the Central Committee, assigned to food for the non-compliance with penny goiter. Tsya vіdpovіdіlіnіst nastuє yak pay vіdsotkіv vіdsotkіv vіdі koshіv, yakim borzhnik incorrectly koristuvavsya. Tse wrongfully corrupted by strangers can be worthless for various reasons: the wrestler’s swindle due to his turn after having set the term for payment, another prostochennya for that payment; bezpodstavnogo otrimannya or koshchadzhennya koshtіv for rahunok іnshої individuals; another unlawful embezzlement of other people's cats. At the Decree of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 618, it was appointed that the coronation of pennies by strangers should be seen as well as the payment of penny sums by the borzhnik for the transfer of goods to him, vikonnі roboti chi nadanі services.
The procedure for appointing the rozmіru vіdsotkіv, scho pіdlyagayut splatі koristuvannya other people's costs of appointments at іy statti. To whom the power of assignment is paragraph 51 of the Decree of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 618. Prote cloaking and zastosuvannya tsikh position continue to be left behind the object of discussion and superechok.
I want to rank with my robot on the article “Vidpovіdalnіst vіdpovidalnіst vіdpovidalnіst іn nevikonannya penny goiter” A. Popov - the head of the ship's warehouse of the Arbitration Court of the Tverskoy Oblast (1). At my glance, it looks like a low important moment from the first meal.
The law says that the rate of interest is determined by the creditor's residence, and that the creditor is a legal person, the municipality has the obligatory rate of the bank's income on the day of the anniversary of the penny goiter or a part of it. The author of the article puts fair nutrition: “What day is the day when a legislator is on the verge - the day of the actual vikonnanny chi nelezhny (if goiter is not enough for vikonan)?”
The Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian Federation at the Decree No. 618 arbitrate the positions of the accrual of credits, depending on the overall rate of the banking credit, on the day of filing the call or on the day of the cancellation of the actual payment. An option for a day when a penny goiter is beaten up is like a day, if there is not enough of it, it is turned off. Such a pіdkhіd may not be safe for the main institution of viability and renewal of violations of the Mayn's rights. For example, the borrower is guilty of repurchasing the creditor pennies from the quarter of 1995 (if the refinancing rate became 200 rubles), and in fact, having robbed the entire 1996 year (if the refinancing rate dropped to 48 rubles).
Also, in order to praise the decision of Article 395, you should collect the oblikovu rate at the time of the withdrawal from the call, or at the time of the praise of the decision. If so, turn that rate of refinancing, as for its value, it is closest to the rates, which were based on the hour of koristuvannya with other people's coins. Even though the penny of the goiter is sacked until the decision, it is ordered to him a zhorstka sum to pay the sum of money (paragraph 51 of the Decree of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 618).
Here I want to quote O. Popov again: “Although I’ll look at it for an hour until the end of the decision, the goiter of the goiter is vykonav, then why is the choice left? Aje, at the time of the adoption of the decision, for an hour it is no longer possible to take such a bet that it was based on the protracted period of koristuvannya with other people's coins. You can be blamed and if you are satisfied, you can help the creditor. For example, poses of presentations for example chervnya 1996 (rate 120 vіdsotkіv); the borzhnik did not check the verdict of the court, turning the borg at the remaining numbers of the lime (rate 110 thousand rubles), and the decision was made on September 26, 1996 (rate 80 rubles).
On the other hand, as if the goiter was not punished, offending rates (and at the time of presentation I will call that at the time of the judgment) appear to be valid during the period of koristuvannya by strangers pennies. What does the phrase “nearest for meaning” mean? Is it close to the calendar (before the date of setting the rate) or by the term dії?
In my opinion, blaming such meals is a natural law. Please, that a special resolution of the Plenum of the Supreme Court of Arbitration of the Russian Federation on the basis of the drafting of Article 395 of the Civil Code to clear up all the ambiguities.
2.4. Vidpovіdalnіst that vykonannya goiter'zannya in nature
Spivvіdnoshnyu obov'yazku borzhnik bear vіdpovіdalnіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst vіdpovіdalіst і for destruction sіobov'yazan' and yоgo ob'yazkіv vykonati tse goiter'yazannya in natі is associated with Article 396 of the Civil Code.
Obov'yazok vykonati vykonati goiter in nature vinikaє only for an inappropriate vikonnі, tobto. for the destruction of the minds of the minds of the contract, if the goiter is given by the goiter, the yazanny takes its strength. If the creditor draws a forfeit for the non-conforming goiter, then the borzhnik charges for the obov'yazku of the goiter of the goiter from nature. It is rightful, the lender's oskelki way to tighten the forfeit and vodshkoduvannya zbitkіv kompensiruet incurring їm spend, yakі can squander and squander the benefit. In a different situation, saving for a borzhnik obov'yazku vykonannya goiter's kind in nature, would put him in a very impenetrable camp. So, in reference No. 4899195, it was established that for the sake of payovik youma, the connection with the unfinished life of the living house until the term agreed upon by the contract was turned over. For such minds, the poses about the transfer in kind of 10 apartments near the zbudovany booth were found to be unprimed, the shards were actually incurred due to the cost of the damages (Bulletin of the Supreme Arbitration Court of the Russian Federation, 1997, No. 5).
So the borzhnik itself sings as a result of vikonnannya goiter in kind, as if the creditor is forced to accept vikonannya, as if afterward stitching lost his interest. In a similar rank, food is violated in case of non-payment of a penalty, taken by the creditor as a remedy (Article 409 of the Civil Code).
Legal statutes of non-conforming goiter are due to the stagnation to the borzhnik during the regular visits to the field (excessive cuts and payment of forfeit), even though the furnishing of the borzhnik from the vikonanny goiter was assigned to nature. How to go about the goiter and prepare to transfer the rich to the creditor or to vikonati for the new robot, or to give a service, if the nevikonannya goiter is due, the creditor is granted the right to hand over to the third person, vikonati self-toughness and vimagati in the borzhnik vіdshkodu. Such a charge (operational sanction) can be charged by the creditor in a reasonable term, and if the trust is given to third persons, then the necessary mental є is also a reasonable price for vikonan goiter. These provisions do not extend to the types of an inappropriate goiter, the shards of a borzhnik do not extend to the type of goiter’s goiter from nature.
2.5. Heritage of nevikonanny goiter
hand over the individually assigned rich
The statute regulates the liability for damage to the goiter, which is used to transfer the creditor to the authorities, to the state government, in the operational management, or in the case of a coronation of an individually assigned speech. The creditor at the time of non-conforming goiter may have the right to vimagati the borzhnik of speech and transfer to him, it is clear to the minds of goiter. Such a goiter is vykonuetsya by a path of filing a vidpovidny call to court that a distant vikonnannya yogo decision by a bailiff. It can be blamed on the contracts for the purchase and sale of a land plot, a living house, another object of a non-destructive or a fragile lane, which may have individual signs and deeds and other vipadki.
In comments to the Civil Code, edited by O.M. Sodіkova go about those who court practice to get out of the possibility of zastosuvannya tsієї statti stosovno lane, which are distinguished by ancestral signs, evident in the borzhnik in blatantness and individualization by the parties, or by the court of the path of yogo vision of that water-kremlin in another lane of this kind. The author argues that such an individualization can be broken in the order of the ship’s safety, I’ll call a way to put an arrest on the lane, that it’s in the warehouse of a borzhnik.
If the speech has already been transferred to another person and this person is the head of the speech, or the subject of the right of the state authority and the operational management of the speech, the creditor will be allowed to exercise the right to exercise the transfer of the speech.
At the same time, the right to exercise the transfer of an individually-defined speech to a number of creditors (for example, the clerk of the speech, having laid down the contract of purchase and sale with different persons), the priority of the mother of that creditor, if such a goiter is due to the debtor, should the transfer of the speech be made earlier.
In times, if the moment of vindication of goiter for skin s of creditors cannot be established, the date of the termination of the summons to court before the court should be heard from the borzhnik and transfer to the creditor. Perevaga mother of that іz creditors, hto vysune poses first. At that very hour, the lenders have the right to wimagati vіdshkoduvannya zbitkіv, vyklikanyh nevikonanny goiter yazan.
2.6. See the evidence
Іsnuyut raznі see vіdpovіdalnosti rupture goiter'yazan. Zalezhno vіd pіdstavі razrіznyayut podovіrnu pozadovіrnu vіdpovіdalіst.
Contractual viability and sanction for violating the contractual goiter. Pozadovіrna vіdpovіdalnіst maє mіsce tоdі, if vіdpovіdna sanction zastosovuєє to the right-hander, who does not interrupt the contractual vіdnosinakh.
Fallow, depending on the nature of the distribution, the distribution of shares is divided into shares, in solidarity and subsidiarity. Payova vіdpovіdalnіst mає mіsce tоdі, іf thе leather fоr borzhnіkіv nеsе vіdpovіdіlnіst іn front оf а creditor іlki іt partіnі, yak falls аt nоgo vіdpovіdno up to legislаvаnstа аbo contract.
It is in solidarity that the agreement is stagnant, as if it was transferred by the contract and established by law. In case of solidarity with the creditor, the creditor may have the right to attract to the totality of the debt, whether it be in full agreement, or in the same way, in part.
Subsidiary liability may be the same, if the creditor can show his help, the right to yak at the new viniclo at the link with him, that the borzhnik allowed damage to the goiter, not only to the borzhnik himself, but to the other individual, yak not є side of that goiter. With whom, one of the borzhnikov is the main one, and the other one is the supplementary one. For whom the subsidiary borzhnik vouches before the creditor dodatkovo to the vіdpovіdalnosti of the main borzhnik. Subsidiary viability zastosovuєtsya at the rich vipadki, transferred by legislation. Zokrema, Tsyu Vіdpovіdalnіsti carry uncertes (participants), Main La Furniture Association of ABO ASSI, Yakі Majut Right Davati Obovo Compact for the Central Committee of the Rights Oblivіvki Vysniki ї Myuti Majashko Viklikіv (BUSINESSION) of the legal parties ( paragraph 3 of Article 56 of the Civil Code); participants in a general partnership for the goitre of partnership (paragraph 1 of Article 75 of the Civil Code); participants of the partnership with the additional contribution to the multiple expansion to the vartost of their contributions to statutory capital(paragraph 1 of Article 95 of the Civil Code); the main partnership of the state or the partnership for the borgs of the daughter partnership in times of incompetence (paragraph 2 of Article 105 of the Civil Code); members of a cooperative cooperative for goitre cooperatives (paragraph 2 of Article 107 of the Civil Code); Russian Federation for the goiter of state enterprise for the insufficiency of the first lane (paragraph 5 of Article 115 of the Civil Code); members of a cooperative cooperative for goiter in the borders of the non-contributed part of the supplementary skin contribution from members of the cooperative (to cover the damage to the cooperative) (paragraph 4 of Article 116 of the Civil Code); set the sack of the lane for yoga borgami for lack of funds, which should be set at the order (paragraph 2 of Article 120 of the Civil Code); members of the association (union) for goiter at the order, transferring the establishing documents of the association (union) (paragraph 4 of Article 121 of the Civil Code).
Under the contract, the parties may establish bail, that the guarantor bears a subsidiarnu vіdpovіdalnіst before the creditor for nevykonannya or not necessarily vikonnannya borzhnik goiter, secured bail (Article 363 of the Civil Code).
The creditor, until the vysunennya vymog to the subsidiary borzhnik, is guilty of presenting the vymoga to the main borzhnik. If only the creditor cannot please his wife for the salary of the main borzhnik, he can turn for the price of his wife to the subsidiary borzhnik. Vіdpovіdno up to tsgogo right to show the help to the subsidiary debtor blames the creditor for the presence of one of such minds: b) the creditor did not take away the main borrower from the reasonable term in the case on presentation of the law (paragraph 1 of Article 399 of the Civil Code).
However, the creditor does not have the right to be satisfied with his own power in the form of a subsidiary borrower to nave for the obviousness of the deposit of more furnishings, so that he may be satisfied with the way of securing the secondary wager to the main borrower, or the uninterrupted contraction of the costs from the main borrower (clause 2 of article 3). We appreciate that in such situations, the creditor can be able to please himself without any difficulties in reality, without being forced to become a subsidiary borrower.
If you are satisfied with the special creditor's wife, as if you have a subsidiarity, you will still gain the rights of regression to the main debtor. To this, the person, as if carrying a subsidiarity, is guilty, to the satisfaction of the majority, presented to you by the creditor, ahead of the process of the main wrestler, and as such, the person has been presented with poses - to get the main wrestler to participate in the right. In another way, the main borzhnik may have the right to stand against the regression of an individual, as a subsidiary, listed, as a fault against the creditor (paragraph 3 of Article 399 of the Civil Code).
2.7. Provide evidence of damage to goiter
In order to attract to viability for damage to goiter, three elements are needed to establish the warehouse of the civil law enforcement: the counterfeit behavior of the borzhnik; a causal link between the wrongful behavior and the consequences that we had, that obviousness of the blame of the borzhnik (the crime of goiter, caused by the consequences of the pridpriemnitskoi activity).
Such a behavior is recognized as illegal, as it violates the rule of law irrespective of the fact that, knowing and not knowing, the offender about the illegality of his behavior. According to the age to goiter, the opposite is evident in the broken minds.
Illegal behavior may be in the form of defiance of inactivity. The diya of a borzhnik is filled with an unlawful character, it’s like super to speak whether it’s a substitute for goiter. Idleness becomes illegal, as if the legal obligations of activity in a special situation are put on a special occasion.
An offensive obov'yazkovoy umovoy є causal link between wrongful behavior and blame from creditors zbitkiv, tobto. such an objective link, in which one manifestation (reason) is transferred to another (last) and without intermediary generation of yoga.
At the Tsivil_stichniy Nasseri Riznі Rіznі theorem's caused to be a stubborn (directly indirect caused to the SNF; Theorem of the Neckimally, theorest; theorem, theorey, theorednostі of the vipadkova causal to the sign), ale's judgment nevikonannya (inadequate vikonannya) goiter can be manifested as a direct causal connection.
Let's look at an example. By the decree of the Presidium of the Supreme Arbitration Court of the Russian Federation on 24 December 1996, No. 16 11/96, the decision of the Arbitration Court of the Krasnoyarsk Territory was struck against the protest of the intercessor of the Head of the Supreme Arbitration Court of the Russian Federation Tim himself was inspired by the call to the investment fund "Investservis", which was squeezing the profits from the lost money. In rounding up his zbitkіv positively, he was sent to those who acted like a bank, without repaying promissory notes in terms of which the fund could not come up with sovereign short-term bonds without coupons. As a proof, the fund presented an agreement on brokerage services on the DKO market and yearned to collect the wasted profit from the increase of the average bank account. The Supreme Court of Arbitration of the Russian Federation, after satisfyingly summoning, stating that the agreement should not bring a causal link between the non-reimbursable bill sums and the arrears of the average bank account. At the time, the positivity did not bring the direct causal connection to the obvious, tobto. that the withdrawal of sums for bills of exchange was the only thing for the new opportunity to come to the DKO, and that as a result of the damage to the bank's goiter, the fund was hit with a loss in view of the neotrimanih income from activities on the stock market.
Necessary evidence for nevikonannya or not necessarily vikonannya goiter is recognized as the fault of the individual, as if she allowed damage to the form of namiru chi negligence.
Guilt in the form of namіru may be misplaced, if it is clear from the behavior of the individual that it is clearly directed to the right.
Negligence can appear in the sight of simple or gross negligence. In these attitudes, in the behavior of people, there are elements of witness. It is not directed towards the right, but at the same time, the behavior of a person must have respect for that obedience. In case of gross negligence, the behavior of an individual is daily whether it is respect and obscurity. It's just that carelessness is characterized by the fact that a person shows respect for such a person, which is not enough to get away with the law.
Bozhnik is recognized as innocent, as if he had brought it to life, having survived all the fallow types of entry for the fallow crops.
The burden of bringing the presence of one's own fault in the case, if the obviousness of the fault is necessary for the necessary evidence, is laid on the person, as if the goiter was damaged. Tse provisions revealing the essence of the principle of presumption of guilt of the borzhnik in the civil legal goiter. However, it does not allow the creditor, who, having hung up to the borzhnik, if it is necessary to bring the fact that the borzhnik has ruined the goiter, as if the superechka is being looked at in court.
The peculiarity of the individual's viability in case of zdiyasnennnі pіdpriєmnitskoї diyalnostі polyaє in the fact that the subdstavoy vilnennia її vіdpovidalnosti for the admission of damage to the goiter may be less than the impossibility of vikonannja in the aftermath of the inseparable.
The concept of "non-separating force" (force majeure) is regarded as supra and non-pereborative for these minds. Before such force majeure circumstances one can see, for example, natural manifestations, such as earthquakes, povni thinly. Prior to force majeure, such fences come in from state bodies: quarantine, fence transport, fence trade in the order of international sanctions.
Rules about guiltless vidpovіdalnіst pіdpriєmtsya є dispositive. By law or by agreement, the wine can be transferred as a matter of urgency.
2.8. Vidpovidalnist borzhnik for his practitioners
An important furnishing, which embeds the civil-legal viability of legal entities and entrepreneurs, is those who are among the practitioners of the borzhnik, as well as the goiter’s goiter, are recognized as the actions of the borzhnik himself. Why is it that the borzhnik did not win, but did not win his goiter before the creditor due to the lack of respect of his practitioners, their lack of indifference and dishonesty, there is no right to ask for these conditions as a creditor for the voludovary. Vіdpovіdalnіst dії pratsіvnіkіv borzhnik, yakі caused damage to goiter's yazan, entrust the borzhnik himself.
Individuals lie before the ancestors of the borzhnik, as if they are changing with the borzhnik in labor days. Not є pratsivnik borzhnik individuals, yakі in the interests of the borzhnik vykhodyachi z civil law contract. Borzhnik, who was charged with punishment for non-compliance with goiter, may have the right to file a regression against his practitioner, who was caused by non-compliance with the norms of labor legislation.
2.9. Vidpovidalnist borzhnik for dії third osіb
At article 403 of the Civil Code, the duty of the borzhnik was transferred for three thirds.
Under the third persons, individuals are roamed, at which the borzhnik has laid a siege of goiter before the creditor. Substituting the order of the third parties, most of the time, it is agreed between them (subcontractors, subcontractors, etc.).
Legislation may have been passed over, that the third person, vikonovets goiter, must bear the responsibility.
A borzhnik, who swears for three thirds, may have the right to file a regression against them.
2.10. Creditor's fault
In the Civil Code, the situation is referred to, if the nevikonannya or the improperly vikonanny goiter became the fault of both parties. In these vipadkahs, this is the name of the mix of wine. The crime of wine behavior on both sides is still characterized by the fact that the wines are held in the mine sphere, only one side of the goiter - the creditor and the only one, if it is impossible to name in some part of the stench the winemaker, the creditor.
In such a situation, the court may have the right to change the rozmіr vіdpovіdalnosti borzhnik, as if the creditor navmisne or carelessly took the zbіlshennya zbіru zbіkіv, zapodіyany nevykonannymi or not nevyemennymi vykonannyam, or not live a prudent entry for їх civil code change (Article 4). Tsі f rules zastosovuyutsya in vipadkah, if the borzhnik through the law or agree to carry a vіdpovіdalnіst for nevikonannya or nezalezhno vikonanny goiter yazannya nezalezhno in his own fault.
2.11. Stitched by a borzhnik and a lender
Article 405 of the Civil Code establishes a general rule about the viability of a borzhnik for stitching at a vikonan’s goiter. The stitching causes negative consequences for the borzhnik. In the first place, the fault is to blame for the blowing of the creditors, the heads of the stitches. In a different way, vіn vіdpovіdaє, navіt yakscho vykonannya goiter became impossible behind the furnishing, what could not lie, but such impossibility came after the stitching. Thirdly, yakscho vykonannya, in the aftermath of the borzhnik’s stitching, has lost interest for the creditor, it can act as a vykonannya goiter and vimagati vіdshkoduvannya zbitkіv.
Situations are becoming more common in civil circulation, if the creditor admits the scribbling at the receptionist. In this way, the borzhnik does not get in such a way that having stitched doti, the docks of goiter cannot be beaten by the creditor's stitching. The creditor is respected in such a way that he has scribbled, as if he was forced to accept it by the clerk, or not having committed the law, other legal acts, the contract, or else, that he swears from the business turnover, or from the essence of the goiter, before committing any his goiter (clause 1 of Article 406 of the Civil Code). So the vantazhooderzhuvach vvazhaetsya such that he has stitched, as if he did not commit the necessary actions to accept the vantage delivered by the carrier to his address. The creditor is also respected in such a way that, having scribbled, as if he had to see a receipt, turn another borgo document (Article 408 of the Civil Code).
The stitching from the side of the creditor gives the borzhnik a declaration about the blowing of the stitching of the stitches. Prote the right to vodshkoduvannya zbitkiv from the borrower blame for the mind, that the creditor did not dovіv vіdsutnosti єї vіdpovidalnostі for scribbling. As if the creditor’s stitching was allowed to a penny goiter, the borzhnik didn’t blame anything for paying the creditor’s hundreds of dollars for an hour of stitching.
3. Acts of nutrition of law enforcement
Codified normative acts, sound, are accepted at the rozrahunka trivale zastosuvannya. Codes of inquiry, in principle, regulate all the suppleness of the blues that enter into the subject of the singing gallery of law, and become the basis for the development of all current legislation.
The Civil Code, like a Galuzian codification of a legislative act, calls for the provision of single-mandate legal regulation of the main special non-main wars throughout the entire territory of the Russian Federation.
For the transition to a market-type economy, it was important to lay the foundation for a regulatory framework for civil turnover, and legislators successfully ran into these tasks. Prote, the lack of clarity of such formulas calls out the songs of difficulties in law enforcement. To the norms of the Civil Code, there may be details and expansion in the whole of the lower legal normative acts.
Zokrema, z food, which I look at in my robot, I can draw on the development by the ministries and departments of Galuz’s documents, while looking at the methods of rozrahunka zbitkiv hundred and fifty chi іnshої galuzі gospodaryuvannya, which reflect their specifics.
As I already guessed earlier, it was necessary to praise the Supreme Arbitration Court of the Russian Federation for the support of Article 395 of the Civil Code (Vidpovidalnist for non-violation of penny goiter). At the moment, in my opinion, the main food is good for damage to goiter.
List of victorious literature
Vitryansky V.V. "Vidpovіdalnіst vіdpovidalnіst vіdovіdіnі zobov'yazan", "State pravo", 1995, №11.
Civil Code of the Russian Federation, part of the first date of November 30, 1994.
Civil right, part persha. Assistant for editorial Yu.K. Tolstoy, A.P. Sergeeva, 1997.
Ivchenko D.V., Pashkov M.L. Lawyers of the Roz'explain: how to vimagati at the court's vіdshkoduvannya zbitkіv, 1997.
Ioffe O.S. Obov'yazkove pravo, 1975.
Vidpovіdalnіst pod'ektіv gospodaryuvannya for nevykonannya goiter or not indepen- dently їх vikonannya at the process zdіysnennya them pіdpriєmnitskoї ї іyalnostі is regulated by chapter 25 of the Civil Code of the Russian Federation, as well as other legal acts of the Russian Federation.
According to the orderly Russian Federation legislation, which regulates the activity of enterprises, organizations are independent of their organizational and legal form and forms of power, and navit in the function of different types agreements (contracts, contracts, lands), enterprises, organizations bear different forms of liability for non-conforming chi not inappropriately victorious goiter.
Borzhnik goiter to give the creditor a zbitka, zapodіyanі nevikonannyam chi not indispensable vikonanny goiter. Under the beats, the vitrati are roaring, like a person whose right is violated, she did it, or she would be guilty for the restoration of the broken law, spending or else a poor yoga lane (a real beat), and also an irresistible income, like this person would take away for the greatest minds of a civilized turnover, the right was violated, tobto. Vigoda was spent (Article 393 of the Civil Code of the Russian Federation).
If a forfeit is imposed for non-compliance with an improperly vikonanny goiter, then the forfeit is imposed on the part that is not covered by the forfeit (Article 394 of the Central Committee of Ukraine). Neviconnannya goiter is required to the law that the agreement transfers the cost of economic sanctions in the form of a forfeit, according to what you understand, it is determined by law that the contract is a penny sum, as if the enterprise-borzhnik goiter is not to pay the creditor in case of non-violation of an illegal debt
The forfeit is imposed in two forms: in case of a fine and a penalty.
Under the fine, it is established by law, or by the agreement, the amount of a penny constriction is determined, so that you can pay the debt-borrower to the injured party (creditor) for non-compliance, or non-necessary vikonanny goiter, according to the law or the contract.
Penalties are such a form of economic sanctions, as they are established by legislative acts at the vіdsotkovom vіd obyagu obyagu not vykonannogo gosudaryuvannya goiter and narahovuєtsya for the day of the stitching of goiter goiter. Peni narahovyutsya from the coming day after the current term pay inclusive for the entire hour of the non-conservation of this goiter until the day of the anniversary.
Vidpovidalnist for non-conforming financial goiters. For koristuvannya strangers pennies in the aftermath of their wrongful loss, swindle in their turn, and more stitched in order to pay the unpaid otrimannya chi for the help of an additional person, they pay the sum of hundreds of dollars from the sum of these koshtiv (Article 35 of the Russian Federation).
Rozmіr vіdsotkіv vynachaєєєєєєєєєєєєєєєєєєєєєє in the place of residence (znahodzhennya) of the creditor oblіkovoj rate of bankіvskogo vіdsotka on the day of vikonannya goiter (such a іnshiy rozіr is not established by law or by agreement).
As if the money, zapodіyanі і to the creditor of the wrongful koristuvannya yogo penny, transfer the sum of the overdue yoma vodsotkіv, vіn maє the right to win over the borzhnik vodshkoduvannya zbitkіv at the part, revisit the sum.
The payment of forfeit and the payment of a penalty and the payment of a forfeit at a time of an inadequate vykonanny goiter does not allow a borzhnik to goiter in kind, as it is not otherwise transferred by law or by an agreement.
Vіdmova creditor vіd vykonannya, yak vnaslіdok prostrochennya squandered his interest, and navіt payment of forfeit, vstanovleniy yak vіdstupnogo, zvіlnyayut borzhnik vіd vykonanny goiter'yazannya in nature.
If it is not otherwise transferred by law or by agreement, the person, if not vikonal, or by the improper rank of vikonal of goiter, at the time of the zdіysnnі pіdpriєmnitskoї ї іyalnostі, vіdpovіdaє, yakscho did not bring, that the vikonanny was not possible in the past, then it was not possible.
Over the top and non-separating for the minds of the furnishing.
Vіdpovіdno to st. 405 of the Civil Code of the Russian Federation, a borzhnik, having stitched a vikonnannya, sued the creditor for scribbles, zapodіyanі scribbles, and for the naslіy vypadkovo, the hour has come for the prostration of the impossibility of vikonannya.
Borzhnik is not respected by someone who scribbles a scribble, as long as the goiter cannot be scribbled after the scribble of the creditor.
The creditor vvazhaєtsya scribbled, as if he was forced to accept the proponed by the borzhnik on a regular basis, or by incriminating it with a law, other legal acts or an agreement, or else, yakі z vichaїv business turnover chi z essence goitre (Article 406 of the DC of the Russian Federation).
Goiter is pripinyaєtsya povnіstyu or often on pіstavakh, peredbachenih law, other legal acts or agreement (Article 407 of the Central Committee of Ukraine).
The proper way to goiter is the widest way to do it. The creditor of the goiter is trying to help the borzhnik to see you a receipt in the otrimanny vykonannya, which can be replaced by a letter on the borgo document that turns. If the creditor is advised to give a receipt or turn the Borgo document, then the Borzhnik may have the right to intervene.
For the sake of the side of the goiter, you can be attached to the natom_st of the vikonnanny (with a payment of pennies, the transfer of the lane toshcho). Rozmir, the lines and the order of submission are established by the parties.
The goiter is attached to the same time, or it is often a flood of a zustrіchnoi homogeneous vimogy, the term is set, or it is not indicated, or it is indicated by the moment of filing. For the hall it is sufficient to declare one side.
In addition, there may be a need for goiter in such cases:
Borzhnik and creditor run in one person;
є for the sake of the parties about the replacement of the primary goiter, as it happened between them, other goiters between the same persons, if they transfer a different subject or a way to win (novation);
the impossibility of vikonnannya goiter, yazannya viklikana furnishing, for yahodna from the sides does not show;
legal entity (borzhnik chi creditor) liquidated, krim vipadkіv, if the law chi іnshimi legal acts vikonannya goiter liquidated legal entity is placed on іnshu person.
Control power 1.
What is it like goiter and how to blame the stench? 2.
How do you know how to ensure the safety of the goiter? 3.
Yaka v_dpovіdalnіst poredbachena vykonannya goiter'yazan?
1. In the case of non-conforming or non-necessary vikonnannya goiter, the transported parties shall be subject to compliance, established by the Code, transport statutes and codes, as well as to the pleasure of the parties.
2. Please transport organizations with passengers and vantazhovshniks about obezzhennya or usunennya established by law the validity of the transportation is not reasonable, for a little vindication, if the possibility of such facilities under the hour of transportation is overridden by transport statutes and codes.
Comment to St. 793 Central Committee of Ukraine
1. The article has established general principles of liability for damage to crops as well as in accordance with the agreement on the carriage of a vantage or a passenger, as well as for other transport agreements. Paragraph 1 of the commented statute may be enforceable: the parties shall be bound by the Central Committee of Ukraine, established by the Central Committee of Ukraine itself, by special transport laws that please the parties. At the link with the cym, a mother is needed for the evasion:
———————————
So, for example, judge to comment on the article when examining disputes about the validity of the vantazhooderzhuvach for the damage to the terms of the turn of the wagons and the 8 /2009-2-837).
a) zastosuvannya zagalnyh and special norms of the DC of the Russian Federation on viability for damage to crops and transportation. Due to the general directness of the legislator for the regulation of transport, we are forwarded to enforce the norms on compliance established by transport laws. Qi law may have priority in that case, as the special norms of the DC RF directly mention obligatory compliance. So, regardless of the vkaz_vka Art. 796 of the DC of the Russian Federation about those who, at the time, inflicted vantage, carried the vіdpovіdnіst vіdpovіdnіst vіdpovіdnіst vіdpovіdіnіst vіdpovіdnіst vіdpovіdnіst іn razmіrі vаrnostі vnjazhenny vіntazhenі, judg іn vyrіshenі s svіrіshenі s svіlannym v statu vіdka, scho zastosuvannya vіdjakou vypadku vіdlyagayut norms transport zakonіvі, hocha bіvіvіnі vіdіvіvіv . Otzhe, only outside the movable statute and the code allows to establish the norms of the DC of the Russian Federation on the defence (zocrema and zagalnі camps, peredbacheni art. art. 15, 393 DC);
———————————
The same hour is transported by transport by transport zastosuvannyu pіdlyagaє st. 119 of the Criminal Code of the Russian Federation, it is clear to the extent that a carrier for a lack of vantage, issued without stating the value, is exchanged for a single sum per kilogram of vaga (Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of December 15, 2009 N 12367/09 at reference 5 N A41-7).
b) stosuvannya vіdpovіdalnosti, vstanovleni pleasing parties. The pleasing of the parties about the reliability is not super-clear to the imperative norms of transport laws, it is worthwhile and vipadkіv the installation of the promotion of the reliability. At that very hour, the vіdpovіdalіst, established by law as a fine (legal forfeit), may be promoted by the pleasing of the parties by way of the installation of the greater amount of the fine. In fact, we can stand up with your faunion of Vіdpovіdalniyst for the blasting of the goobs'yazhnnya Abo in the vipads, Kolya Vіdpovіdalnіst is not redesigned by the law, Abo in the vipads, if the law is straightforwardy, Scho Vіdpovіdna Vіdpovіdalnіst will stand up with the vanchuga of Stormin (Diva, paragraph of article 94 UZhT).
2. Paragraph 2 of the commented article establishes the rules for the possibility of exchange of goods for the transporter to the satisfaction of the parties to the contract of transportation. According to the contract for the carriage of a passenger, “any passengers are not allowed to please between the carrier and passengers if there is an exchange, or the adoption of the carrier’s validity established by law” . According to the contract of transportation vantage, the right to stow the land for obmezhennya, or the adoption of the legally established capacity of the carrier may be directly transferred by the relevant transport statute or the code. Nini such a possibility (for singing minds) is installed only at Art. 175 KTM RF.
———————————
ConsultantPlus: note.
Vitryansky V.V. Transportation agreement. S. 319.
3. In the transport laws and in the Central Committee of Ukraine itself, it is clear that they include the traveler’s duty (for example, under Art. moment to save that adoption of any kind of new did not lie). Without a doubt, in the Civil Code of Ukraine and in the majority of transport laws, the carrier’s fault is not mentioned as a substantiation of the call for duty. Prote zgidno with a widened point of view of the carrier’s wine “toasting on the vase”, which is a blame from the sacramental rule about the promotion (independently of guilt) of the osib, how to conduct an entrepreneurial activity (clause 3 of article 401 of the Central Committee). Of interest is the opposite position of V.V. Vitryansky, which is important, that the validity of the carrier will be on other, lower the principle of guilt, substations. Vidpovіdalnіst stands for the very fact of the destruction of goiter, and the foundations that call for vіdpovіdalnosti, serve as sings of furnishing, directly named as such by the law. It is obvious that the norms of the transporter's service in the form of a carrier do not include the congestion of the norms of paragraph 3 of Art. 401 of the DC of the Russian Federation, but, on the other hand, correspond to it, the shards transfer supplements (to the furnishing, scho from the force of the non-selective force) substantiate, yak zvilnyayut borzhnik in the event of damage to the goiter, sho At the same time, it is necessary to ensure that there is a special law that the special law directly conveys the possibility of a transporter in ambushes of a guilty person (subparagraph 12, paragraph 1, article 166, article 186 of the CTM).
———————————
Div: Commentary to the Civil Code of the Russian Federation, parts of others / For red. tobto. Abovy, A.Yu. Kabalkin. P. 480 (author of the chapter - T.E. Abova); Tsivіlne pravo: Pіdruchnik / For red. O.M. Sadikova. T. II. P. 254 (the author of the chapter is N.N. Ostroumov).
ConsultantPlus: note.
Monograph M.I. Braginsky, V.V. Vitryansky “Contract the right. Contracts for transportation, towing, transport forwarding and other services in the field of transport "(Book 4) included before the information bank of the publication - Statute, 2003.
Div: Vitryansky V.V. Transportation agreement. Z. 382, 454.
In tsіlomu, yak zaznachaє Konstitutsіyny Court of the Russian Federation, for vіdpovіdalnіst torn down zobov'yazan s Got transported digit spetsifіku: Won harakterizuєtsya obmezhennyam rights Povny vіdshkoduvannya zbitkіv in porіvnyannі іz zagalnim rule zaboronoyu on zmenshennya abo usunennya vіdpovіdalnostі perevіznika, viznachenoї law that mozhlivіstyu viznachennya її rozmіru that inter zagodoyu storіn y vypadkah, if so pozdavlyayutsya by transport statutes and codes.
4. In most of the transport laws, the difference between the parties is established as fines, as a legal penalty (Article 332 of the DC). Penalties qi, as a rule, are higher. By itself, the qualification of fines as a legal forfeit does not peresshkodzhaє zmenshennu їh rozmіrіv court vіdpovіdno to Art. 333 of the Central Committee of Ukraine. However, folding and changing the criteria, depending on the transfer of statutes and codes, fines can be changed. At zv'yazku z tsim іnteres pіdkhіd, vyrobleniya naukovo-advisory council at the Federal Antimonopoly Service of the Urals District: by itself, a high amount of the fine cannot be substantiated for yogo reduction. Pіdstavami for zmenshennya fine for Art. 333 of the Civil Code of the Russian Federation є, zokrema, so set up: a person, yak vimagaє constricted by a fine, with her actions, directly chi in the middle, stole the present vidpovіdalnosti of the counterparty; the disruption of the goiter did not cause any problems with the counterparty, did not inflate into a safe environment, did not cause other negative consequences; a fine of bagatorazovo reshuffle the fee, as a revisitor otrimav for vikoristannya transport costs, and so on. Priymayutsya to the respect and furnishing, for any damage to goiter and how to transport: the specifics of the throughput capacity of the transit routes; zalezhnіst termіnіv turnover transport zabіv vіd tіh osіb іn.
———————————
Appointment Constitutional Court RF dated September 22, 2004 N 13-O; dated September 24, 2006 N 9-O; Clause 36 Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 6 July 2005 N 30.
5. With special respect for the qualifications of goiters, the destruction of which will be restored. So, for example, at Art. 98 UZhT installed the statutory limit of the vantage for the statement in the air waybill of the middle of the bill of vanity (including the underestimation of the vagary vantage). Vodnochas at the station. 102 UZhT installed vіdpovіdalnіst vіdpravnіnіnі vіdpravnika vantage vіdravschennya vantageopіdіomnіnostі (revіntazhennya) wagon, container. It would have been given, the law established a subpoena for the same damage. Really, the analysis of the relevant norms shows that the validity of Art. 98 UZhT insists “within the framework of the goiter, what to extort from the contract for the transported vantage” (shards can be found about the creation of bills at the invoices), and the norm of Art. 102 UZHP may “directly denounce the damage to the goiter on the presentation of the vantage that yogo liability in the filing of the transport security” . In this rank, there is no change for an one-hour zastosuvannya of both articles of the Statute, shards of stench create a different lawfulness.
———————————
ConsultantPlus: note.
Monograph M.I. Braginsky, V.V. Vitryansky “Contract the right. Contracts for transportation, towing, transport forwarding and other services in the field of transport "(Book 4) included before the information bank of the publication - Statute, 2003.
Vitryansky V.V. Transportation agreement. S. 385.
6. Special storage facilities were charged for delaying the transfer of a passenger (Article 795 of the Central Committee), for expenses, missing that allowance (exemption) or baggage (Article 796 of the Central Committee), for non-compliance with obligations under an agreement on the provision of transport allowances (Art. 794 of the Central Committee)) (div. comment to these articles). Within the framework of the commentary, it is enough to claim less for the statutory requirement, I will be charged by transport laws to the carrier for the delay in delivery of vantage to the point of recognition. So, zgіdno zі art. 97 UZHP carrier pays a penalty fee of 9% for the delivery of stitched goods at the rozmіrі 9% pay for the transportation of vantazhіv for leather goods stitching, but no more than lower at the rozmіrі pay for the transportation of these vantazhіv. Parallel 11 Art. 34 UAT. For inland water transport, the forfeit is also set at 9% of the freight charge for the production of stitching, and it is limited to 50% of the freight charge (Article 116 of the KVVT). On the surface of the transport, the amount of the legal penalty is 25% minimum size pay for the cost of a year of stitching, but not more than 50% of the shipping fee (Article 120 of the VC). A practice has been formed not to place a sum on those who have the right to contract a forfeit may be vantazhooderzhuvach.
Vіdpovіdalnіst vіdpovidalnіst vіdpovіdіlnіna goiter'yazan - tse zabezpechenny primus majestic pokladannya peredbachenyh law pozdavlen person, yak not vikonal goiter'yazannya chi yogo irrelevant rank.
The most important rules about the severity of damage to goiters are to be found at the DC of the Russian Federation (Art. 393-406).
Vidpovіdalnіst for damage to goiter may be specific rice, scho vіdrіznyayut її vіd іnshої legal vіdpovіdalnostі (administrative-legal, criminal-legal, etc.). Before them lie like this:
1) tse zavzhdi mainov vіdpovіdalnіst;
2) she will take care of the primus stove. Moreover, in some cases, before the wrong borzhnik, the primus comes in (for example, a penalty is charged), and in others - there is only a threat of such stops. Vіn can and voluntarily lay vin be-yakі relief toshcho. (for example, blowing beats, zapodіyanі nevikonanny goiter);
3) come in, it is important that they are characterized by a compensatory (advanced) function, that is. us before directing to the air blowing of the vitrate (vtrat) of the victim. The stench wins and zapobіzhnu funktіu - borzhnik, afraid of unfriendly naslіdkіv (vіdpovіdalnosti), vikonuє goiter's rank. Deyaki come in to pay a penalty character (for example, the contraction of a penalty over a penalty - a penalty). Ale zavzhdi tse vіdpovіdalnіst before the creditor;
4) vidpovіdalnіst budієtsya ambush juridical іvnostі;
5) at the established and zastosuvannі zakhodіv vіdpovіdalnostі іє pіє pіє dispositivnostі (you can impose a penalty for non-conforming goiter, increase the amount of the penalty, established by law, then);
6) destruction of goiter to the point of vіdpovіdalnosti are attracted like the bulk, and th organization (legal entity), and navіt Russian Federation, sub'єkti Russian Federation and municipal education;
7) the guilt of the subject, which, having destroyed the goiter, is transferred (presumed), that burden will prove the existence of the fault to lie on the destroyer of the goiter. Ale is possible and guiltless vіdpovidalnіst. Buvay y vidpovidalnist for someone else's fault.
Vidpovіdalnіst vіdpovіdnіst vіdshennya zobov'yazan can be classified z rіznіh pіdstav rіznі vidi.
With a multiplicity of osib for an unfair borzhnik, you can have a share and solidarity. If the crimson of a borzhnik can be attracted to that other person to the point of view, then the point of view of the person is called subsidiary. (Earlier it was said about shares, in solidarity and subsidiarn goitre, the explanation expands on the names of vidpovidalnosti.)
For obsyago vіdpovіdalnostі vіdіlyaєtsі vіdpovіdіlnіst povna (general rule) іt obmezhena. The rest of the blame from the sacramental rule and may be established by law for certain types of goiters and for goiters that are related to the singing type of activity. Moreover, as a creditor, he is a huge man, who speaks like a gentleman, then the favor of the borzhnik’s obezzhenu vіdpovidalnosti є worthless, as the rozmіr vіdpovidalnosti is appointed by law and the favor is laid down to the destruction of the goiter by the borzhnik.
Sound the vidpovіdalnіst of the borzhnik, which, having broken the goiter of the yazanny, rises to its own duty (lack of idleness). The children of the borzhnik’s practitioners are respected by the actions of the borzhnik himself, and, therefore, for their own vines, they stand for their own. Vodnochas can be vіdpovіdalnіst for dії tretіh osіb. In a first way, the borzhnik defends the destruction of the goiter by the third person, on the basis of guilt he laid the vikonannya, as it is not established by law that the third person was responsible. In another way, in a number of violations, the law directly imposes on those that the barman is charged with for three thirds (for example, paragraph 3 of article 677, article 680, paragraph 1 of article 685, paragraph 3 of article 706 of the Civil Code of the Russian Federation) .
Form and provide evidence for damage to crops:
a) obov'yazku (pay a penny toshcho). For tsієї forms it is characteristic those, that tsey obov'yazok є dodatkovyh tight-fitting of a borzhnik and before that it does not equal, that they do not compare with real beats;
b) exemption of rights (for example, the dismissal of a hired man, a kind of vicarist's living appointment for recognition).
Prior to entering the damaged goiter, such an entry should be made, as in the case of blowing the beaten, payment of a forfeit, spending money on a deposit, payment of a sum of money of other people's cats and others.
Substantiating the viability of damage to goiter, it is also right-handed, as if it were not victorious, and not directly vico- nary of goiter.
It is also accepted to see the current consequences: the opposite behavior of the borzhnik, the presence of negative consequences in the main sphere of the creditor, the causal link between the opposite behavior of the borzhnik and the negative consequences of the borzhnik, the guilt of the borzhnik. Behind the solemn rule, the destruction of the goiter is determined by the obviousness of some of the names of minds. Ale, in a series of vipadkіv, I establish the law, that the viability is here and for the daytime of one and two minds. So, when contracting a penalty, there may be a main cost (vitrate) of the creditor i, a causal connection. In some cases, it is allowed to act without fault.
In order to attract the borzhnik to the viability, it is necessary to establish the opposite of yoga behavior. The most important understanding of illegal behavior is to go so far as to supersede the law, other legal acts. There is no change in the fenced areas. But the destruction of other people's subjective rights (creditor's rights) is unacceptable. It is necessary, that the goiter of the yazannya was beaten with a proper rank. Otzhe, the opposite is true, whether it be nevikonannya chi not inadvertently vikonannya goiter, as if the fighter did not encourage such behavior (for example, Art. 328 of the Civil Code of the Russian Federation).
If the borzhnik is caught to the point of failure, call, it is necessary to establish the presence of negative consequences in the main sphere of the creditor. Such traces are seen in the battles, like, as it was previously planned, you can look at the real shoddy and (or) the wasted profit.
In order to attract an individual to the point of failure for damage to the goiter, it is necessary to establish a causal link between the wrongful behavior and the unfriendly mainstream traits.
Under a causal link, one can understand an objectively significant link between two phenomena, one of them is the cause, and the other is the effect. The causal link is always specific, so that one manifestation calls out otherwise in a specific life situation. Otzhe, it is unacceptable to go out of typical applications; It is necessary to follow up a specific situation, check all the conditions "just right".
Verification of evidence about the presence or presence of a causal link should be carried out in the following sequence:
1) є fact (admissible, creditor's controversy);
2) it is necessary to install, on the basis of which the wine has appeared, tobto. know the reason. If this fact is the result of the fact that the borzhnik did not kill the goiter, but did it by an improper rank, then there is a causal link.
It is necessary to separate the furnishing, creating the abstract possibility of the present day's legacy of the damaged goiter, the furnishing that gives rise to the real (concrete) possibility of changing the main sphere of the creditor. Legally significant may be a specific reason, which, if necessary, leads to a consequence.
The person, yak not vikonu goiter, but vikonuval її inappropriate rank, carried the responsibility for the obviousness of the fault, the crime of vipadkіv, if the law or the contract established otherwise.
The civil law has different forms of guilt:
Namir: a person of understanding, that it is wrong, we understand that negative consequences can come and fall on their present, or we can put them before them. You can’t say anything about the same obachnist and dbaylivist - the subject not only does not show that other, but it’s the unfavorable legacy of the creditor’s main sphere that baiduzhiy to them;
Negligence: a person does not see the opposite of her behavior, does not convey negative consequences and, therefore, does not care about her advance, but it is not enough to understand the opposite of her behavior, convey the possibility of the present significance of the consequences. Negligence is always negligence. Carelessness is simple and rude. With gross negligence, an obvious indiscretion is manifested, and in case of simple negligence, inconsistency does not have a clearly pronounced character.
The meaning of the form of guilt can be known by entering this. From one side, for the slanderous rule of wine, be it a form of pulling behind you for violating the goiter. On the other hand, a number of norms of civil law po'yazuє zastosuvannya tієї chi іnshoyї miri vіdpovіdalnosti z tієyu chi іnshoy іnshoy form of guilt, otherwise, in the form of guilt, a rіzny rozmіr vіdpovіdalnosti is established. As it was previously stated, the traces of non-discretionary favor, as if it were committed with a method that is unacceptable to the foundations of the rule of law and morality, are slandered depending on whether we are on both sides or only on one side (Art. 169; div. also Art. 572,69) .
Laid in advance for the sake of usunennya or obezhennya vіdpovіdalnostі for the destruction of goiter's destruction is useless (clause 4 of article 401 of the Civil Code of the Russian Federation).
As it was planned, the person, as if the goiter was broken, they are given wine (presumption of guilt). As soon as you bring your fault, then there will be no fault (no fault - no fault). However, the law or the contract may transfer the duty of the borzhnik, which is not vykonav goiter, but vykonav yogo an improper rank, and blame for it. So, according to the solemn rule, the person, yak, destroyed the goiter of the pіd hіsnennya pіdpriєmnitskoї ї іyalnostі, vіdpovіdaє nezalezhnosti vіd vіnna vіnna chi nі. Tsya persona svіlnyaєtsya vіd vіdpovіdalnosti seldom in that vapadku, yakscho brought, scho nalezhno vykonannya showed impossibly inherited neperebornoї force - nadzvychayny those nevіdvornyh for tsikh minds furnishing. The Civil Code (Art. 401) does not show any other signs of non-separating force, but instead names furnishing that does not overlap with non-separable force: damage to the shoes from the side of the counterparties of the borzhnik, the presence of the necessary goods on the market, the presence of the borzhnik of the necessary.
Up to the surroundings of inexhaustible strength, one can hear various elemental dashes (earthquakes, hurricanes, etc.), as if they crossed the vikonanny goitre. At the same time, at the exclusion of the imposed sacramental rule, the law or the contract may be otherwise. For example, it can be established that a person, as a person, destroyed the goiter for the hour of zdіysnennya pіdpriyomnitskoї іyalnostі, vіdpovidaє only for the obviousness of the fault, or for the obviousness of the fault, it is less for the form of the name or the rude negligence, then.
Zmishana wine. It is not uncommon for a nevikonannі chi to an indeterminate vikonannі goiter to vinny as a borzhnik, and th creditor (wine zmіshana). Abo borzhnik carried v_dpovіdalnіst nezalezhno vіd that chi wine is guilty, but the destruction of the goiter was caused by the fault of the creditor. At the time, the court will change the rozmіr vіdpovіdalnosti of the borzhnik with the improvement of the degree of guilt of the creditor.
In addition, the court can indulge the other doctor's behavior of the creditor, so that there is no way to blame the neviconan chi to the unrelated viconan goiter. Rozmіr vіdpovіdalnosti borzhnik can be changed, as the creditor navmisne or because of negligence, having taken more rozmіru zbіtkіv, zapodіyanyah broken goiter, or not live prudent calls for their change.
The law (Article 405 of the Civil Code of the Russian Federation) especially mentions the traces of such a destruction of goiter by a borzhnik, as a non-conforming goiter by a borzhnik in the insertion of a term (pronounced by a borzhnik):
1) the borzhnik is guilty of blowing the beaten, zapodіyanі stitching;
2) vin vіdpovіdaє i for naslіki impossibility vykonannya, scho vipadkovo has come for the hour of prostochennya;
3) the creditor may act in the event of acceptance of the vykonannya and vimagati vіdshkoduvannya zabitkіv, as if the scribbling of the borzhnik vykonannya was of interest to the creditor.
For certain types of stitching, the creditor allows:
a) vіn vіdmovivsya priynyat proponovaný borzhnik nelezhne vikonannya;
b) in case of honoring the vikonnannya of the wine, it was necessary to see the signature in the otrimanny vikonannya, not to turn the borgo document, or it is considered to be impossibility to turn the signer;
c) the creditor does not rob the debtor, until such a borzhnik is impossible to vikonate his goiter (destruction of creditor's obov'yazkіv).
When the creditor's stitching is done, the borzhnik may have the right to withdraw zbitkiv, zapodiyanih stitching. If the creditor has brought his fault to the prostration, the fault is due in the event of a breach.
In addition, the borzhnik is not respected by such a person who has stitched, until the goiter can’t be beaten by the creditor’s stitching. And if the creditor sees the receipt, turn the Borgovian document or ask about the impossibility of turning it, the borzhnik has the right to zatrimat vikonannya.
I, nasamkinets, for a penny goiter, the borzhnik is not guilty of paying a sum of money for an hour of the creditor's scribbling.
A number of approaches to civil and legal evidence in that world are characterized by other branches of the right work. But, however, there is one more universal cost of vidpovidalnosti - the payment of money for koristuvannya with other people's coins. Tsey zahid peredbacheno Art. 395 of the Civil Code of the Russian Federation. (Div. Torozhe: Plikova Plenumvivs of the Supreme Court of Rosіyskoi of the Federal District of the Arbitration Court of Rosіyskoi Co., NEW 8 ovterna 1998 p. N 13/14 "Practice Poskuvannya Cleaning the Code of Rosіyskoi Federation about Vіdshkin for Kroshivnya Foreign Ground Koshovy Katomi" / / VVAS RF. 1998 ). No. 11. S. 7-14.)
Under the pretext of zastosuvannya tsgogo entry є such a situation: unlawful embezzlement of other people's koshtіv, hilyannya vіd turn, іnsha scribbled at that splat, without pіdstavne otrimanna chi zaschadzhennya s help other person. The amount of interest is determined by the general rate of the bank loan (the refinancing rate) on the day of the anniversary of the penny goiter or the first part. The court may be satisfied, if possible, about the contraction of debts, depending on the oblіkovoї rate on the day of filing, I will call or on the day of judgment. By law or by agreement, a further increase in the amount of money can be established, which weep for the koristuvannya of strangers pennies.
Vіdsotki skolchuyuyutsya on the day of vikonanny penny goiter'yazannya creditor. The law, other legal acts and the contract may establish a short term for the increase in wealth.
Koristuvannya borzhnik by strangers pennies can give rise to a lender of crap. The stench is in the hands of the part, not covered by the sum of the percentages that they cry.
Appointed to the world in accordance with the contract of renewal of debts, which are paid to the creditor like a wine-grower for the right to earn money with money (for example, in case of agreement of position - Art. 809). In some cases, vіdsotki are paid as a forfeit (div., for example, art. 811).
