Civil law. A common part. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
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Civil law. A common part. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. CONCEPT AND PRINCIPLES OF CIVIL LAW. SUBJECT AND METHOD OF REGULATION

Civil law - a set of rules governing property and personal non-property relations arising between citizens and legal entities and based on the equality of the parties, as well as economic independence.

Property relations - relations arising from the possession, use, disposal of various property by the owner or non-owner (purchase and sale, exchange, etc.).

Non-property relations - relations arising from intangible benefits (humiliation of the honor and dignity of a person, etc.).

Principles of civil law - the initial beginnings that determine the essence of civil law, generally binding ideas that characterize civil law as a whole.

The Civil Code of the Russian Federation establishes the following principles of civil law:

1) equality of participants in relations regulated by civil law. This principle determines the equal legal capacity of the participants in relations, the same legal status of all parties involved in civil legal relations, regardless of their role in economic and other activities;

2) inviolability of property. Each subject, duly observing the rules of law, must be sure that his property right will not be violated;

3) freedom of contract - a participant in a civil legal relationship is free to conclude contracts of various nature on conditions that do not contradict the law, and, in addition, is independent in choosing a partner with whom he concludes a contract;

4) the inadmissibility of arbitrary interference by anyone in private affairs - no bodies and citizens have the right to interfere in the affairs of participants in civil law (secrecy of business and personal correspondence, secrecy of telephone conversations, etc.);

5) unhindered exercise of civil rights. Citizens and legal entities acquire and exercise their rights in their own interest and will. Restriction of civil rights is possible only on the basis of the law;

6) restoration of violated rights, their judicial protection. The principle implies the possibility of appealing against decisions, actions (inaction) of public authorities, local authorities, public associations and officials in court;

7) freedom of movement of goods, services and financial resources throughout the territory of the Russian Federation. Authorities and other participants in civil legal relations cannot and must not establish barriers to the movement of goods, services and financial resources on the territory of the Russian Federation.

Subject of civil law constitute property and personal non-property relations regulated by the norms of civil law.

Method civil law - a system of interconnected means, techniques and methods through which civil law relations between participants are influenced. The civil law method is dispositive. This method is characterized by the equality of participants in legal relations, their property independence, as well as the possibility of independent determination by the participants of legal relations of their behavior and the possibility of protecting their violated rights in court (general jurisdiction, arbitration, in arbitration chosen by the parties).

2. CIVIL LEGISLATION AND SOURCES OF CIVIL LAW. ANALOGY OF LAW, ANALOGY OF LAW

civil law (Section "o" Art. 71

Constitution) - is under the jurisdiction of the Russian Federation, it includes normative legal acts adopted by the Federal Assembly of the Russian Federation (federal constitutional laws, federal laws), and therefore the authorities and administrations of the constituent entities of the Russian Federation, as well as municipalities are not entitled to issue acts containing civil law norms .

The category "sources of civil law" is wider than the category "civil legislation". To sources of civil law relate:

1) the Constitution of the Russian Federation of 1993. It establishes the main provisions, including civil law (Articles 8, 35,36 establish the civil law regulation of property, Articles 20-25 are devoted to personal non-property relations);

2) federal constitutional laws;

3) Civil Code of the Russian Federation. It regulates property and related personal non-property relations and is the basis for future lawmaking in this area;

4) federal laws (FZ "On joint-stock companies", FZ "On insolvency (bankruptcy)");

5) decrees and orders of the President of the Russian Federation. They should not contradict the Civil Code and laws;

6) resolutions and orders of the Government of the Russian Federation. Should not contradict the Civil Code, laws and decrees of the President. Contradictory acts are not applied (clause 5, article 3 of the Civil Code of the Russian Federation);

7) acts of ministries, departments and other federal executive authorities. These bodies can issue acts containing norms of civil law in cases and within the limits provided for by the Civil Code, other laws and other legal acts (clause 7 of Article 3 of the Civil Code of the Russian Federation). Thus, the scope of their rule-making activities is limited;

8) acts of the former USSR (if they are not repealed and do not contradict the legislation of the Russian Federation).

Auxiliary sources of civil law are business practices and resolutions of the plenum of the Supreme Court of the Russian Federation on various cases, although there are disputes regarding the latter in science.

business practices - rules of conduct that have developed and are widely used in a certain area of business, and do not contradict the general principles of civil law. They may not be enshrined in law. The order of relations between individual entrepreneurs, which is expedient, but does not meet the general rules of custom, cannot be considered custom.

Such business practices that are contrary to the provisions of the law or the contract binding on the participants in the relevant relationship shall not be applied.

To address gaps in civil law, analogy of law and analogy of law. Law analogy - application to an unsettled relationship of the norm governing a similar relationship (clause 1, article 6 of the Civil Code).

Analogy of law - filling in the gaps in the legislation on the basis of the general principles and meaning of civil legislation, the requirements of good faith, reasonableness and justice (clause 2, article 6 of the Civil Code).

These institutions are applied in the presence of the conditions established by the Civil Code: the unsettledness of the relevant relations by legislation or by agreement of the parties, the absence of a business practice, the existence of similar legislation, as well as its consistency with the essence of the relevant relations.

3. CIVIL RELATIONS: CONCEPTS AND TYPES

Civil legal relationship - public relations regulated by the norms of civil law, based on equality, autonomy of will and property independence of participants arising on the grounds provided for by law, and actions of subjects that give rise to rights and obligations.

Subjects - participants in civil legal relations, persons bearing rights and obligations under a specific legal relationship: citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign citizens, foreign legal entities.

objects - this is what civil legal relations arise about: things, including money and securities, other property, including property rights; works and services; information; results of intellectual activity, including exclusive rights to them (intellectual property); intangible benefits (honor, dignity, name, etc.).

The content of civil relations is a set of subjective rights and obligations.

Subjective law - a measure of the possible behavior of the authorized person. Subjective civil law must be distinguished from civil law in an objective sense, which is a set of civil law norms governing social relations.

Subjective duty - a measure of proper behavior of a person. In order for a civil law relationship to arise, certain circumstances must exist, called legal facts. They are divided into events and actions.

Emergence and development of events occurs against the will of man (death, birth, natural disasters, etc.).

Actions - the result of people's behavior, with which the law is associated with the emergence, change or termination of civil legal relations.

Actions: legitimate, not contrary to the law; illegal, contrary to the rules of law.

Lawful actions: legal acts - actions aimed at the emergence of civil legal relations; legal acts - actions that do not have a special focus on the emergence of civil legal relations.

Legal acts:

1) administrative acts - individual acts emanating from a state authority addressed to specific persons in order to generate administrative and (or) civil legal relations;

2) court decisions;

3) dealings - actions specifically aimed at the emergence, change or termination of civil legal relations. The difference from an administrative act: it gives rise only to civil rights and obligations and is performed by the participants in the legal relationship that has arisen.

Civil legal relations are classified by:

1) subject of legal regulation (property and personal non-property relations);

2) composition certainty (absolute - legal relations in which a certain holder of rights is opposed by an indefinite circle of obligated subjects and relative - one authorized person - one obligated);

3) way to satisfy the interests of the person (the property interests of a person are satisfied at the expense of the useful qualities of the thing, and the interests of obligations are satisfied by the performance of certain actions by the obligated person).

4. LEGAL CAPACITY AND CAPABILITY OF A CITIZEN. LIMITATION OF CAPABILITY AND RECOGNIZATION OF A CITIZEN INcapacitated. CUSTODIA AND CUSTODIA

Legal capacity - the ability to have civil rights and bear obligations. Civil capacity is recognized equally for all citizens, regardless of gender, race, nationality and religion. The legal capacity of a citizen arises at the moment of his birth and ends with death (declaration of a person by the court as dead).

No one may be limited in legal capacity, except in cases and in the manner prescribed by law. Full or partial waiver of a citizen's legal capacity and capacity and other transactions aimed at limiting legal capacity or capacity are void, except when such transactions are permitted by law.

Legal capacity - the ability of a citizen by his actions to acquire and exercise civil rights, create civic obligations for himself and fulfill them.

Full legal capacity is recognized for citizens who have reached the age of 18, except for the case when a citizen who has entered into marriage before reaching the age of 18 is declared fully capable; as well as in the case of emancipation, i.e., the declaration of a minor who has reached the age of 16, fully capable, if he works under an employment contract or, with the consent of his parents, is engaged in entrepreneurship.

Partial legal capacity have minors (from 14 to 18 years old) and minors (from 6 to 14 years old).

A citizen who, due to the abuse of alcohol or drugs, puts the family in a difficult financial situation, may be limited by court in capacity.

A citizen who, due to a mental disorder, cannot understand the meaning of his actions and be guided by them, is recognized by the court incompetent.

guardianship and guardianship established to protect the rights and interests of incapacitated or incompletely capable citizens. Guardianship and guardianship of minors is established when the court deprives parents of parental rights, in the absence of such, or when minors are left without parental care for other reasons (parents evade their upbringing or protection of their rights and interests).

Guardianship is established over minors (from 6 to 14 years old) and citizens recognized as incapacitated, guardianship - over minors (from 14 to 18 years old) and citizens with limited legal capacity. Only adult capable citizens can be appointed guardians and trustees. Guardianship is terminated if the ward is recognized as capable, as well as when the minor reaches 14 years of age. Guardianship is terminated in the following cases: the restriction of the legal capacity of the ward is canceled, when the minor reaches 18 years of age, when he enters into marriage or emancipation.

According to Art. 41 of the Civil Code of the Russian Federation, at the request of an adult capable citizen who, for health reasons, cannot independently exercise and protect his rights and fulfill his duties, guardianship in the form of patronage may be established over him.

A guardian (assistant) of an adult capable citizen may be appointed by the body of guardianship and guardianship only with the consent of such a citizen.

5. PLACE OF RESIDENCE. RECOGNIZING A CITIZEN AS MISSING AND ANNOUNCING A CITIZEN DEAD

Place of residence of a citizen - the place where he permanently or predominantly resides. For minors under 14 years of age and other citizens who are under guardianship, the place of residence is the place of residence of their legal representatives, i.e. parents, adoptive parents or guardians, regardless of their actual place of residence.

According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested persons, be recognized by a court missing, if during a year at his place of residence no information about his place of residence.

If it is not possible to establish the day of receipt of the latest information about the missing person, the beginning of the calculation of the period for recognizing the missing person is considered to be the first day of the month following the one in which the last information about the missing person was received, and if it is impossible to establish this month, the first day of January of the next year.

Basic legal consequences of recognizing a citizen as missing:

1) on the basis of an agreement on trust management, his property is transferred to permanent management;

2) out of this property maintenance is issued to citizens whom the missing person was supposed to support;

3) at the expense of property debts on other obligations are repaid;

4) disabled members of the family of a missing person who were dependents have the right to a pension in the event of the loss of a breadwinner;

5) the spouse of such a citizen may unilaterally dissolve the marriage in the registry office.

In the event of the appearance or discovery of the place of residence of a citizen recognized as missing, the court cancels the decision on recognizing him as missing. On the basis of a court decision, the management of the property of this citizen is canceled, and also, upon a joint application of the spouses, the marriage is restored. A citizen can be declared by the court dead, if at his place of residence there is no information about his place of stay for five years, and if he went missing under circumstances that threatened death or gave reason to assume his death from a certain accident - for six months (Article 45 of the Civil Code) .

Serviceman or another citizen missing in connection with hostilities may be declared dead by the court not earlier than two years later since the end of hostilities.

The day of death of a citizen declared dead is the day when the court decision on declaring him dead comes into force. If a citizen is declared dead who went missing under circumstances threatening death or giving reason to assume his death from a certain accident, the court may recognize the day of death of this citizen as the day of his alleged death.

Declaring a citizen dead is equated to actual death, and, accordingly, an inheritance is opened, all personal obligations of the declared deceased are terminated, and marriage is automatically terminated. In the event of the appearance or location of a citizen declared dead, the court cancels the decision to declare him dead, and the citizen has the right to demand the return of his property.

6. THE CONCEPT OF A LEGAL ENTITY. CREATION AND TERMINATION OF LEGAL ENTITIES

Entity - an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, and can also acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court.

Symptoms:

1) organizational unity (the organization operates in civil circulation as a single and independent subject of law);

2) property isolation (property is separated from the property of citizens, other organizations and the state as a whole);

3) independent property liability (responsibility extends, as a rule, only to property assigned to a legal entity);

4) the ability to act in civil circulation on his own behalf (always has his own name (name) and acts on his behalf in civil legal relations, may be a plaintiff or defendant).

Ways to create legal entities:

1) managerial - the decision to form an organization comes from outside, from the competent authorities, as a rule, from the owners of the property assigned to the legal entity, or the body authorized by it;

2) voluntary - the initiative to form a legal entity belongs to the members of the future organization.

The voluntary method is divided into:

1) permissive - first, the members of a legal entity decide on its formation, and then apply to the competent organization for permission to such formation;

2) regulatory - the initiative to form an organization comes from its future members, however, in contrast to the permissive method, general permission to form a legal entity is given until such an initiative is manifested. A legal entity acts on the basis of the charter and (or) constituent agreement and is subject to mandatory state registration with the tax authorities.

Types of termination of a legal entity: reorganization and liquidation.

Reorganization - its termination, entailing the emergence of new organizations or a significant change in the nature of the legal personality of existing organizations. Reorganization is possible in the form of: merger, accession, separation, separation and transformation of a legal entity.

Liquidation - its termination without transfer of rights and obligations by way of succession to other persons. A legal entity may be liquidated:

1) by decision of its founders (participants) or a body of a legal entity authorized to do so by the constituent documents, including in connection with the expiration of the period for which the legal entity was created, with the achievement of the purpose for which it was created;

2) By the tribunal's decision in the event of gross violations of the law committed during its creation, if these violations are of an irreparable nature, or the implementation of activities without a proper permit (license) or activities prohibited by law, or with other repeated or gross violations of the law or other legal acts, or in the systematic implementation of public or a religious organization (association), charitable or other fund for activities that are contrary to its statutory goals.

7. CLASSIFICATION OF LEGAL ENTITIES

Legal entities can be divided into commercial (the purpose of which is to make a profit) and non-commercial (engaged in entrepreneurial activities only to the extent necessary to achieve the statutory goals of a non-commercial legal entity).

Commercial legal entities may be created in the form of economic partnerships and companies, production cooperatives, state and municipal enterprises.

Business partnerships: general partnerships and limited partnerships (limited partnerships). Members full partnership (general partners) are engaged in entrepreneurial activities on behalf of the partnership and are liable for its obligations with their property. AT partnership of faithIn addition to general partners, there are also limited partners who are liable for the obligations of the partnership to the extent of the amount of contributions made by them and do not participate in business activities on behalf of the partnership.

Business companies: joint stock companies (open and closed joint stock companies), limited liability companies, additional liability companies. Members of a joint-stock company, a limited liability company shall not be liable for the obligations of the company. Members of a company with additional liability jointly and severally bear subsidiary liability in the amount of the value of their contributions to the charter capital of the company.

Production cooperative - this is a voluntary association of citizens on the basis of membership for joint production or other economic activities by combining its participants with property and personal labor participation (Article 107 of the Civil Code).

State and municipal unitary enterprises: a unitary enterprise based on the right of economic management and a unitary enterprise based on the right of operational management.

Non-commercial legal entities can be created in the form of consumer cooperatives (created by a voluntary association of citizens and legal entities on the basis of membership in order to satisfy the material and other needs of participants: housing construction, garage construction, dacha construction), public or religious organizations (created to satisfy spiritual and other intangible needs), charitable and other funds (the purpose of creation is educational, cultural and other socially useful activities).

For the purpose of coordinating activities and ensuring the protection of rights, commercial and non-profit organizations can unite in various associations (for example, economic associations (unions)).

Classifications of legal entities on other grounds:

1) depending on the type of property on the basis of which the organization was created, we can distinguish legal entities created on the basis of:

a) federal property;

b) the property of the subjects of the Russian Federation;

c) municipal property;

d) property of individual legal entities;

e) property of citizens;

f) mixed ownership;

2) depending on the scale of activity:

a) small businesses

b) monopoly enterprises (enterprises occupying an economic position in the market);

c) other companies.

8. CONCEPT AND FORMS OF ECONOMIC PARTNERSHIPS AND COMPANIES

Business partnerships and companies - commercial organizations with authorized capital divided into shares of founders. The property created at the expense of the contributions of the founders, as well as produced and acquired by a business partnership or company in the course of its activity, belongs to it by the right of ownership. Anything that has a valuation can be a contribution to property: property rights, securities, money, property in kind, etc.

The difference between a partnership and a society is that a partnership is an association of persons not only by capital, but also by its activities, and a company is only an association of monetary and other financial investments. Business partnerships: general partnerships and limited partnerships.

Members full partnership (general partners) in accordance with the agreement concluded between them, carry out entrepreneurial activities on behalf of the partnership and in its interests and are liable for the obligations of the partnership with their property.

Unless otherwise provided by the founding agreement, each participant in a general partnership has the right to act on behalf of the partnership in relations with surrounding persons, otherwise it is possible for all partners to conduct business jointly or to entrust their conduct to individual partners.

Each member of a general partnership has the right to receive income from the profits of the partnership in the amount established by the memorandum of association. A participant in a general partnership has the right to withdraw from it by declaring his refusal to participate in the partnership.

Limited partnership (limited partnership) - a legal entity in which, along with general partners, there are persons who are not engaged in entrepreneurial activities on behalf of the partnership, but who have made their contributions to it and are liable for the obligations of the partnership in proportion to these contributions. Characteristic features of a partnership based on faith: the management of the affairs of the partnership is carried out only by full partners; investors are obliged to make contributions of a certain value to the share capital, which is certified by certificates of participation issued to them; contributors have the right to receive a part of the partnership's profit attributable to their share in the share capital.

Business companies: joint-stock companies, limited liability companies, additional liability companies.

Stock companies - legal entities, the authorized capital of which is divided into a certain number of shares. Shares of an open joint stock company may be alienated by their owner without the consent of the other members of the company.

In a closed joint-stock company, shares are subject to distribution among the founders of the company or among other predetermined circle of persons.

Limited Liability Company - a legal entity created by one or more persons, the charter of which is divided into certain shares. Participants in such a company are not liable for its obligations and bear the risk of losses only within the limits of their share.

Additional liability company - a legal entity with a capital divided into shares, whose participants jointly and severally bear subsidiary liability for its obligations.

9. COMPANIES WITH LIMITED LIABILITY AND ADDITIONAL LIABILITY

Limited Liability Company - a legal entity created by one or more persons, the authorized capital of which is divided into shares, the amount of which is established by the constituent documents. Members of a limited liability company are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their contributions.

The main guarantee of ensuring the interests of the company's creditors is its authorized capital.

The amount of the authorized capital society should be not less than 100 times the minimum wageestablished by the legislation of the Russian Federation on the date of submission of the constituent documents. At the time of registration of the company, its authorized capital must be collected in the amount of at least half of its value. The part of the authorized capital remaining unpaid must be paid during the first year of the company's activity. The authorized capital is made up of the value of the contributions of the company's participants.

The number of participants should not exceed 50 people, otherwise it is subject to transformation into a joint-stock company or production cooperative within a year, and upon expiration of the period - liquidation in court.

Constituent documents - a memorandum of association signed by all participants of the company, and the charter of the company.

supreme governing body - the general meeting of its participants, one vote in which corresponds to one share in the authorized capital.

Executive agency limited liability companies can be either sole or collegiate. Each member of the company has the right to sell or otherwise assign his entire share (or part thereof) in the authorized capital of the company to one or more members of this company. The alienation of his share by a company participant to third parties is allowed, unless otherwise provided by the company's charter.

A member of the company has the right to withdraw from the company at any time, regardless of the consent of other members of the company. At the same time, he must be paid the value of a part of the property corresponding to his share in the authorized capital.

Additional liability company - a commercial organization, the authorized capital of which is divided into predetermined shares, formed by one or more persons jointly and severally bearing subsidiary liability for its obligations in an amount that is a multiple of the value of their contributions to the authorized capital.

Property liability participants of an additional liability company bears some specifics: liability is subsidiary (requirements are made to the participants of the company only if the property of the company is not enough for settlements with creditors); liability is joint and several in nature (the creditor has the right to fully or to a certain extent make claims against any member of the company, and the latter is obliged to satisfy them); responsibility for all participants is the same (the amount of responsibility of each participant is equal to its share in the authorized capital); the total amount of responsibility of all participants is determined by the constituent documents as a multiple of the size of the authorized capital.

10. CONCEPT AND TYPES OF JOINT STOCK COMPANIES

Joint Stock Company (JSC) - a commercial organization formed by one or more persons who are not liable for its obligations, with an authorized capital divided into equal shares, the rights to which are certified by securities. There is a Federal Law of December 16, 1995 208-FZ "On Joint Stock Companies" (as amended on April 6, 2004)

Members of a joint-stock company (shareholders) not liable for obligations companies and bear the risk of losses associated with the activities of the company, within the value of their shares. The founding document of a joint-stock company is the charter.

The authorized capital of the JSC is equal to the nominal value of the shares acquired by the shareholders.

Minimum authorized capital should be not less than a thousand times the minimum wageestablished by federal law on the date of registration.

An increase in the authorized capital is possible by increasing the par value of shares (the decision is made by the general meeting of shareholders) or by placing additional shares (the decision is made by the general meeting of shareholders or the board of directors (supervisory board), if in accordance with the company's charter it is granted the right to make such a decision). The authorized capital may be reduced by reducing the par value of shares or by reducing their total number.

A joint-stock company has the right to issue and place two types of shares: ordinary and preferred. An ordinary share gives the right to vote at a general meeting of shareholders, the right to receive an unspecified dividend from the company's net profit for the current year, and the right to receive part of the company's property upon its liquidation. The nominal value of all ordinary shares of the company is the same. A preferred share does not give voting rights at the general meeting, but gives the right to receive a fixed dividend.

JSC management bodies - the general meeting of shareholders and the board of directors (supervisory board), created only if the company consists of more than 50 participants.

Executive bodies of JSC - a sole manager or a collegial body (board) or both bodies together.

Types of joint-stock companies: open (JSC) and closed (CJSC).

OJSC is characterized by the ability to:

1) its participants to alienate their shares without the consent of other shareholders;

2) companies to make an open subscription for shares issued by them;

3) companies to conduct a free sale of shares. An open joint stock company is obliged to annually publish annual accounts and balance sheets. Any of its participants has the right to alienate their shares without the consent of the other members of the company.

JSC is characterized by:

1) shares are distributed only among the founders or predetermined persons;

2) the company is not entitled to open a subscription for issued shares.

In case of sale of shares of a closed joint-stock company, members of the company have the priority right to purchase them. The number of founders of a CJSC cannot exceed 50, otherwise it will be transformed into an open company or liquidated. The minimum charter capital of a closed joint stock company is not less than one hundred times the amount of the minimum wage established by federal law on the date of registration of the company.

11. INDUSTRIAL COOPERATIVES. LIQUIDATION OF INDUSTRIAL COOPERATIVES

Production cooperative - a voluntary association of citizens on the basis of membership for joint production and other economic activities based on their personal labor and other participation and the association of property shares by its members. A cooperative is formed by decision of its founders. The number of members of the cooperative cannot be less than five people. The founding document is the charter approved by the general meeting. Members of the cooperative may be citizens of the Russian Federation, foreign citizens, stateless persons.

Legislated rights and obligations of a cooperative member. Cooperative member has the right:

1) participate in the production and other economic activities of the cooperative, as well as in the work of the general meeting of members of the cooperative with the right of one vote;

2) elect and be elected to the supervisory board, executive and control bodies of the cooperative; make proposals on improving the activities of the cooperative, eliminating shortcomings in the work of its bodies and officials;

3) receive a share of the profits of the cooperative to be distributed among its members, as well as other payments;

4) request information from officials of the cooperative on any issues of the cooperative's activities; withdraw from the cooperative at its own discretion and receive the payments provided for by this Federal Law and the charter of the cooperative;

5) apply for judicial protection of their rights, including appeal against decisions of the general meeting of members of the cooperative and the board of the cooperative that violate the rights of a member of the cooperative.

Members of the cooperative, who take personal labor participation in the activities of the cooperative, have the right to receive payment for their work in cash and in kind.

A member of a cooperative is obliged:

1) make a share contribution; participate in the activities of the cooperative by personal labor or by making an additional share contribution, the minimum amount of which is determined by the charter of the cooperative;

2) comply with the internal regulations established for members of the cooperative, taking personal labor participation in the activities of the cooperative;

3) bear subsidiary liability for the debts of the cooperative provided for by the charter of the cooperative.

Liquidation of the production cooperative - termination of its activities, in which the rights and obligations of the cooperative are not transferred to other persons in the order of succession.

On a voluntary basis, a production cooperative is subject to liquidation by decision of its participants, as well as by decision of the authorized body of the production cooperative - the general meeting.

Grounds for voluntary liquidation may be: the expiration of the period for which the production cooperative was created, the achievement (or impossibility of achieving) the statutory goals, etc.

Forced liquidation is carried out by a court decision in cases where the activities of a production cooperative:

1) carried out without a license;

2) is expressly prohibited by law;

3) is associated with repeated or gross violation of the law.

The demand for liquidation may be brought to court by a state body or a local self-government body.

Grounds for liquidation is also the recognition of a cooperative insolvent (bankrupt).

12. CONSUMER COOPERATIVES

Consumer cooperative - a non-commercial voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of the participants, carried out by pooling property shares by its members.

Citizens who have reached the age of 16 and legal entities can be founders. The number of founders should not be less than five citizens and three legal entities. The procedure for making decisions on the formation of a consumer cooperative and on joining the union is determined by the founders of the consumer cooperative. Members jointly and severally bear subsidiary liability for obligations within the limits of the paid part of the additional contribution each of the members.

constituent Assembly elects management and control bodies; council of a consumer cooperative, its chairman; the audit commission of the consumer cooperative; other management bodies provided for by the charter of the consumer cooperative.

A consumer cooperative may engage in activities to meet the requirements of shareholders of a consumer cooperative, create business companies, participate in business companies, cooperatives, engage in entrepreneurial activities, but only to achieve the goals for which it was created, be a contributor in a limited partnership, distribute income between shareholders cooperative, to attract borrowed funds from shareholders and other citizens, to carry out foreign economic activity, etc.

Shareholders have the right:

1) participate in the activities of the cooperative;

2) receive cooperative payments (a certain part of the cooperative's income);

3) purchase (receive) goods (services) preferentially before other citizens in trade and consumer service organizations of a consumer cooperative, etc.

Shareholders are required to:

1) comply with the charter of the consumer society;

2) to comply with the decisions of the general meeting of the consumer society, other management and control bodies of the consumer society;

3) fulfill their obligations to the consumer society to participate in its economic activities.

Membership is terminated in the following cases: voluntary withdrawal of a shareholder from the company, his exclusion from the company, liquidation of a legal entity that is a shareholder, death of a citizen who is a shareholder, as well as in case of liquidation of the company.

Liquidation is carried out by decision of the general meeting of its members or by a court decision.

Upon liquidation property related to an indivisible fund is not subject to division and is transferred to another company by decision of the general meeting of the liquidated consumer society.

The property of the company remaining after the satisfaction of creditors' claims, except for the property of an indivisible fund, is distributed among the shareholders (except for cases when the company's charter does not provide otherwise). For the protection of property and other rights, representation of interests in state bodies and local governments, coordination of activities and other purposes, consumer societies may unite in unions.

Union of Consumer Societies - a non-profit organization operating on the basis of the charter of the founding agreement.

13. PROCEDURE FOR WRITING OFF MONEY AND SATISFACTION OF CREDITORS' REQUIREMENTS DURING LIQUIDATION OF A LEGAL ENTITY

Upon liquidation of a legal entity, upon agreement of the body of the legal entity and the body that registered the legal entity, a liquidation commission and installed procedure and terms of liquidation legal entity. The liquidation commission identifies all creditors of the legal entity and notifies them of the liquidation. To do this, it places in the press that publishes data on state registration of legal entities, information on the liquidation of a legal entity, as well as on the procedure and terms for filing claims by its creditors.

Deadline for submission of claims by creditors - not less than two months.

Write-off of funds legal entity on his debts carried out on the basis of three possible situations.

1. Enough cash to pay all debts - Debts are paid as they are received.

2. Lack of funds to meet all debts - payment is made in the order of the following priority, in which the write-off is carried out according to:

1) executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the recovery of alimony;

2) executive documents providing for the transfer or issuance of funds for settlements on the payment of severance pay and wages to persons working under an employment contract, including under a contract, for the payment of remuneration under an author's agreement;

3) payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment agreement (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the State Employment Fund of the Russian Federation and compulsory health insurance funds ;

4) payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided for in the third priority;

5) executive documents providing for the satisfaction of other monetary claims;

6) other payment documents in the order of calendar priority (Article 855 of the Civil Code).

Creditors' claims are satisfied in the following order:

1) the claims of citizens to whom the liquidated legal entity is liable for causing harm to life or health are satisfied by capitalizing the corresponding time payments;

2) settlements are made for the payment of severance benefits and wages with persons working under an employment contract, including under a contract, and for the payment of remuneration under copyright agreements;

3) the claims of creditors for obligations secured by the pledge of property of the liquidated legal entity are satisfied;

4) the debt on obligatory payments to the budget and extra-budgetary funds is repaid;

5) settlements are made with other creditors in accordance with the law (Article 64 of the Civil Code).

3. The legal entity does not have the means to satisfy the claims of creditors - the sale of property of a legal entity at public auction is carried out.

14. STATE AND MUNICIPAL UNITARY ENTERPRISES

Unitary enterprise - a commercial organization that does not have the right of ownership of the property assigned to it by the owner.

The property of a unitary enterprise is indivisible and cannot be distributed among deposits, shares, shares. The property of a unitary enterprise is owned by the Russian Federation, a subject of the Russian Federation or a municipality.

Types of unitary enterprises in the Russian Federation:

1) unitary enterprises founded on the right of economic management;

2) unitary enterprises founded with the right of operational management, which is called government. Its peculiarity is that the state bears subsidiary liability for its obligations if the property assigned to the state-owned enterprise is insufficient. A unitary enterprise is subject to state registration with the body that carries out state registration of legal entities. It is considered created as a legal entity from the date of making the corresponding entry in the Unified State Register of Legal Entities.

Unitary enterprise is created without limitation of term of activity, unless otherwise provided by its charter. It has the right, in accordance with the established procedure, to open bank accounts on the territory of the Russian Federation and abroad.

His can be a founder Russian Federation, subject of the Russian Federation or municipality.

The firm name of a unitary enterprise must contain an indication of the owner of the property.

It can be a participant in commercial enterprises and non-commercial organizations in which the participation of legal entities is allowed by law, but only with the consent of the owner of the property of a unitary enterprise. The authorized body is the head appointed by the owner of the property or a body authorized by the owner. The head is accountable to the owner of the property or a body authorized by him.

According to your obligations unitary enterprise responds with all the property belonging to him. On owner's obligations unitary enterprise not responsible.

In addition to the above, a unitary enterprise has the following features of the legal status:

1) are created, reorganized and liquidated at the will of the owner of the property;

2) can be participants only in a number of legal actions that correspond to the goals and objectives of their creation and are enshrined in the constituent documents;

3) the authorized capital must be paid by the owner of the property before the state registration of the enterprise;

4) if the bankruptcy of the unitary enterprise is connected with the fulfillment by it of the mandatory instructions and instructions of the owner of the property, the owner of the property is liable for debts in the part where the property of the unitary enterprise turned out to be insufficient;

5) the law establishes the procedure for the possession, use and disposal of property assigned to state and municipal unitary enterprises, which cannot be changed by agreement between these legal entities or the owners of the property assigned to them;

6) the owner of property has the right to seize excess, unused or misused property.

15. NON-PROFIT ORGANIZATIONS

Non-profit organizations can be created in the form of: public or religious organizations (associations), non-profit partnerships, institutions, autonomous non-profit organizations, social, charitable and other foundations, associations and unions, in other forms provided for by federal laws.

Public association - created on the initiative of citizens uniting due to common interests to meet spiritual or other non-material needs, non-profit, voluntary, self-governing formation.

Religious association - a voluntary association of adult citizens created for the joint exercise of the right of citizens to freedom of religion, as well as for the joint confession and dissemination of faith. A religious association of at least 10 members enjoys the rights of a legal entity from the moment of state registration of its charter.

Фонд - a non-profit organization created by citizens and (or) legal entities on the basis of voluntary property contributions, pursuing social, cultural, educational, charitable and other socially useful goals.

Non-profit partnership - a non-profit organization based on the membership of the citizens and (or) legal entities that founded it, to promote activities inherent in the members of the partnership and not aimed at making a profit from it.

Autonomous non-profit organization - a non-profit organization created by citizens and (or) legal entities on the basis of voluntary property contributions, providing services in the field of education, healthcare, culture, science, law and other services.

Institutions - legal entities created by the owner of the property assigned to them for the implementation of managerial, socio-cultural or other functions of a non-commercial nature and financed by the owner in whole or in part.

Features of institutions are as follows:

1) are created by the will of the owner of the property;

2) legal capacity is limited to non-commercial purposes of activity, i.e. they can engage in entrepreneurial activity only insofar as it is necessary for their statutory purposes;

3) the property belongs to the right of operational management;

4) the owner of the property has the right to withdraw all the property or part thereof;

5) the institution is liable for debts only with the funds available to it (foreclosure on the property of the institution in kind is not allowed);

6) if the financial resources of the institution are insufficient to cover its debts, the owner of the property may be held liable for subsidiary liability. Reorganization and liquidation of the institution are carried out by the decision of the owner of the property. The property remaining after satisfaction of creditors' claims is transferred to its owner.

Consumer cooperatives - these are legal entities formed by a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the material and other needs of its participants by means of the addition of property shares by its members.

16. BRANCHES AND REPRESENTATIONS OF LEGAL ENTITIES

Representation - a separate subdivision of a legal entity located outside the location of the legal entity itself, representing the interests of the legal entity and protecting them (for example, advertising the products of the legal entity, searching for and establishing contacts with potential buyers, selling products, etc.).

Branch - a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office (for example, a branch of an educational institution).

They are not legal entities, act on the basis of the property provided to them by the legal entity that created them, and the provisions approved by it; their managers act on behalf of the legal entity on the basis of a power of attorney received from it. They must be indicated in the constituent documents of the legal entities that created them. Changes made to the constituent documents in connection with the creation or liquidation of a branch or representative office are reported to the body that registers legal entities through a notification procedure, without any approval, and the sending of information is of an informational nature.

Branches of non-profit organizations, unitary enterprises and some other organizations can only perform those functions that correspond to the objectives of the activities specified in the constituent documents of the legal entity. Branches of commercial organizations have the right to engage in any activity not prohibited by law, unless otherwise follows from the constituent documents of a legal entity or the branch itself.

Branches and representative offices can be created both on the territory of Russia and on the territory of foreign states. But the legislation provides for the possibility of free creation of branches and representative offices on the territory of foreign states only for commercial legal entities, non-profit organizations have the right to create such divisions only on the territory of the Russian Federation. But such a provision does not mean a ban on the creation of branches and representative offices by non-profit organizations abroad, such a creation is possible if this does not contradict the very nature of the organization concerned.

Representative Offices in civil circulation act on behalf of a legal entity, i.e. they represent his interests and ensure their protection.

Field of work branches as opposed to representative offices much wider: they represent the interests and perform all (or part) of the functions of a legal entity. Representative offices and branches do not have the rights of a legal entity and cannot have them.

In accordance with tax legislation, branches and representative offices are subject to taxation and fulfill the obligations of organizations to pay taxes and fees at their location. A claim against a legal entity arising from the activities of its separate subdivision is brought at the location of the separate subdivision, but the party to the case in this case is the legal entity, and it is from him or in favor of him that the court collects.

Responsibility for the actions of branches and representative offices is borne by the legal entities that created them.

17. OBJECTS OF CIVIL LEGAL RELATIONSHIPS

Objects of civil legal relations - those benefits, about which the subjects of law enter into legal relations with each other, or what their subjective rights and obligations are aimed at. There are no objectless relationships. All benefits can be divided into material (objects of nature, things created by human labor and satisfying property interests) and intangible (honor, dignity, good name, works of science, art, etc.).

Types of objects of civil rights:

1) things, including money and securities, other property, including property rights; works and services;

2) information;

3) results of intellectual activity, including exclusive rights to them (intellectual property);

4) intangible benefits.

Depending on the objects are divided from turnover capacity to:

1) objects withdrawn from circulation, the alienation of which is not allowed (these objects are directly indicated in the law). Such things can only be in the ownership of the state and are transferred for use on the basis of administrative acts of the state and its competent authorities;

2) objects limited in circulation, which may belong only to certain participants in the circulation or whose presence in circulation is allowed with a special permit (subject to determination in the manner prescribed by law). They can be acquired for use only according to certain rules established by law (for example, a permit to carry weapons);

3) freely tradable objects that can be freely alienated by way of universal succession or otherwise. depending from the connection with the earth things are divided to:

1) movable (not structurally related to the land);

2) immovable (strongly connected with land: buildings, structures. An enterprise is recognized as immovable property as a property complex, which includes all types of property intended for its activities, including land plots, buildings, structures, equipment, inventory, raw materials, products, claims, debts, company name, trademarks, service marks).

Things are divided according to their physical properties to:

1) consumable (in the process of use they lose their consumer qualities in whole or in part), non-consumable (when used for their intended purpose, they are depreciated gradually over a long time: residential buildings, cars) things;

2) complex (consisting of many dissimilar things that form a single whole: a car) and simple;

3) divisible (things that, when divided, do not change their economic purpose) and indivisible (when divided, they lose their original purpose);

4) things defined by generic characteristics and individually defined (things that have some features and properties inherent only to them);

5) the main thing (is in economic or other dependence on another thing (things), but can function without it) and belonging (intended to serve the main thing). Fruits (the result of the organic development of animate or inanimate things), products (obtained in the process of economic use of a thing), income (cash receipts from the participation of a thing in civil circulation).

18. MONEY AND SECURITIES AS OBJECTS OF CIVIL RIGHTS. TYPES OF SECURITIES

Money - a universal equivalent that replaces any object of property relations. Money is a special object of civil law. They may be the subject of some civil law transactions: loan agreements, gift agreements, loan agreements. They are legal tender in reimbursable contracts. Money does the following functions:

1) measure of value;

2) medium of exchange;

3) means of accumulation and formation of wealth;

4) means of payment, world money.

Monetary unit of the Russian Federation is ruble. Recognition of the ruble as legal tender means that rubles can serve as a means of repaying a monetary obligation, regardless of the creditor’s consent to accept them as payment.

Types of cash payments:

1) settlements in cash - means of payment are real banknotes;

2) non-cash settlement occurs through digital records of the circulating money supply. In this case, a certain amount of money is debited from the account of one entity and credited to the account of another. This form of non-cash payments is not the only one; others are possible.

Security paper - a document certifying, in compliance with the established form and mandatory details, property rights, the exercise or transfer of which is possible only upon its presentation (Article 142 of the Civil Code).

Types of securities:

1) bond - a security that certifies the right of its owner to receive from the person who issued the bond, within the period stipulated by it, the nominal value of the bond or other property equivalent;

2) bill - a security that secures the obligation of the drawer (promissory note) or another payer specified in the bill (bill of exchange) to pay a certain amount to the owner of the bill (bill holder) upon the expiration of the period stipulated by the bill;

3) check - a security containing an unconditional order of the check holder to the bank to pay the amount indicated in it to the check holder;

4) deposit and savings certificate. Certificate - a written certificate from the bank about the deposit of funds, certifying the right of the depositor to receive, upon expiration of the established period, the amount of the deposit and interest on it in any institution of this bank (Article 844 of the Civil Code). A certificate of deposit is issued to depositor-organizations, a savings certificate is issued to citizens;

5) bearer savings book - a security confirming the fact of depositing a certain amount of money into a bank institution and granting the right to receive it in accordance with the terms of a cash deposit;

6) bill of lading - a document certifying the right of its holder to dispose of the cargo specified in the bill of lading and receive the cargo after its transportation;

7) stock - a security securing the right of its owner (shareholder) to receive part of the profit of the joint-stock company in the form of dividends, to participate in the management of the joint-stock company and to part of the property remaining after the liquidation of the joint-stock company;

8) privatization securities - special-purpose government securities used as a means of payment in the privatization process.

19. RESULTS OF CREATIVE ACTIVITY. INFORMATION. WORKS. SERVICES

Results of creative activity - one of the types of objects of civil law relations. These include: works of science, literature, art, inventions, industrial designs, etc.

The results of creative activity are intangible goods and are objects of intellectual property.

Intellectual property - the exclusive right of a citizen or legal entity to the results of intellectual activity, as well as means of individualization of legal entities, products, works and services equated to them in the legal regime.

Features of intellectual property objects:

1) are the results of intellectual activity;

2) do not relate to consumable items;

3) can be simultaneously used by an unlimited circle of persons;

4) associated with the personality of the author;

5) have a cost estimate;

6) the result of creative activity is the creation of a new product.

The results of creative activity become objects of civil legal relations only after they are embodied in an objective form (transferring them to some kind of material carrier: magnetic tape, paper), i.e. after they become possible for perception by other people.

material carrier acts as a thing and can be transferred into the ownership of other persons. When a material carrier is destroyed, the very result of creative activity is retained by its creator and can be used by other persons only after agreement with him (with the exception of cases established by law).

information signs as an object of civil legal relations:

1) intangible benefit;

2) a non-consumable good, that is, it can be subject to moral, but not physical wear and tear;

3) unlimited reproduction and dissemination of information.

The law does not establish for anyone the right of monopoly possession of information, except in cases where the information is both an object of intellectual property and constitutes an official or commercial secret.

Official or commercial secret - an object of civil legal relations, which is a kind of information.

The information is a commercial or official secret, if it has the following signs:

1) due to being unknown to third parties, it has a potential or actual commercial value;

2) does not have free access on a legal basis;

3) its owner takes measures to maintain the confidentiality of this information. Persons who have obtained information constituting an official or commercial secret by illegal means are obliged to compensate for the losses.

Work and Services as objects of civil law.

Completing of the work involves obtaining a certain materialized result and is associated with the creation of certain material goods. Results in some cases can be separated from actions, as a result of which they are considered as independent objects of civil rights.

Services - results that are inseparable from activities. Services are not related to the creation of material wealth (medical services, information, social, cultural, etc.).

20. INTANGIBLE BENEFITS AND THEIR PROTECTION

intangible benefits - goods and freedoms that have no economic content and are inseparable from the personality of their bearer, recognized and protected by the current legislation.

Intangible benefits include: life, health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets, the right of free movement, choice of place of stay and residence, the right to a name, authorship, other personal non-property rights and others intangible benefits that belong to a citizen from birth or by virtue of law, not alienated or transferred in any other way.

Their signs:

1) are inseparable from the personality of a citizen, they cannot be sold, donated;

2) are of an absolute nature, their owner is opposed by an unlimited circle of persons who should not violate his benefits;

3) the limitation period does not apply;

4) the norms for the protection of such benefits are applied when an unlawful encroachment is committed.

Protection of intangible goods is carried out in accordance with the Civil Code of the Russian Federation and other laws governing these legal relations.

Protection is applied in those cases and within the limits that follow from the essence of the violated intangible right, as well as the consequences of such a violation.

Civil law protection occurs in two cases: when the essence of the violated good (right) and the nature of the consequences of the violation allow the possibility of using general methods of civil law protection provided for by the Civil Code, and also when the Civil Code or other laws provide for other methods of protection.

Special protection methods are provided for the protection of honor, dignity and business reputation of citizens and legal entities, protection of the right to a name, protection of intellectual property.

Among the general ways to protect a violated right, the most commonly used compensation for damages и compensation for moral damage.

In addition to general methods of protection, there are also special ones that are used in certain situations, for example, in the event of harm to health associated with the performance of an employee's job duties. The law enshrines the right of citizens to demand in court that information discrediting their honor, dignity or business reputation be refuted, unless the person who disseminated such information proves that it is true. If information discrediting the honor, dignity or business reputation of a citizen is disseminated in the media, they must be refuted in the same media.

When protecting copyright, you can demand from the violator: recognition of rights; restoration of the situation that existed before the violation of the right, and termination of actions that violate the right or create a threat of its violation; compensation for damages, including lost profits; recovery of income received by the infringer as a result of infringement of copyright and related rights, instead of compensation for losses; payment of compensation; adoption of other measures provided for by legislative acts related to the protection of their rights.

At the request of interested persons, the protection of the honor and dignity of a citizen is allowed even after his death (for example, the protection of the rights of the deceased by his heirs).

21. CONCEPT, TYPES AND FORMS OF TRANSACTIONS

Deal - lawful action of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.

Symptoms:

1) legal fact;

2) act of will;

3) lawful legal action;

4) is aimed at establishing, changing or terminating civil rights and obligations.

Composition of the deal - a set of certain facts, the presence of which is necessary in each transaction. Deviation from these facts does not entail the consequences that the person wished for when making the transaction.

The objective side characterized by the will of the parties, which can be direct (performed orally or in writing) or indirect (the person performs such actions, from the essence of which the intention to conclude a transaction clearly follows).

The subjective side characterized by the circumstances characterizing the subjects of the transaction.

Views:

1) by the number of parties involved:

a) unilateral (the expression of the will of one party is necessary for the commission);

b) bilateral (expression of the will of two parties);

c) multilateral (expression of the will of three or more parties);

2) by the presence of a counter provision for the performance of obligations under the transaction:

a) gratuitous (one party undertakes to transfer something to the other party without receiving counter satisfaction for it: donation);

b) reimbursable (generates a legal relationship, by virtue of which each of the parties has the right to demand from the other a certain property provision: delivery, in a row);

3) at the moment of commission:

a) consensual - the transaction is considered completed from the moment an agreement is reached between the parties: supply, lease;

b) real (it is required to reach an agreement and at the same time transfer property: loan, storage);

4) by the value of the goal:

a) causal, these include almost all transactions (the goal is directly expressed in them: purchase and sale);

b) abstract (the reason is not indicated, the purpose of the commission is not clear: a bill).

In addition, there is a division of transactions into urgent (the moment of its validity and termination is not determined) and perpetual (the moment of entry into force of the transaction or the moment of its termination is determined).

Transaction form - a way of expressing the will of the parties to the transaction. Exist oral and written forms. Failure to comply with the form of the transaction entails its invalidity.

Orally any transactions can be made if:

1) a written form is not established by law or agreement;

2) transactions are executed at their very conclusion (with the exception of transactions that require notarization, as well as transactions for which failure to comply with a simple written form entails invalidity);

3) the transaction is made in pursuance of a written contract and there is an agreement between the parties on the oral form of execution.

In other cases, transactions must be concluded in writing. Required written form, if the transaction is concluded between legal entities or citizens (if the amount exceeds 10 times the minimum wage). Mandatory notarization subject to:

1) in cases specified in the law (annuity, gift agreement). Transactions related to land and real estate are subject to state registration;

2) if it is provided by the agreement of the parties.

22. CONDITIONS FOR THE VALIDITY OF TRANSACTIONS. VOID TRANSACTIONS AND THEIR TYPES

Achieving legal consequences in a transaction is possible if it satisfies the conditions with which the law binds its validity.

Conditions for the validity of transactions:

1) the legality of the content (the transaction must not contradict any regulatory enactments);

2) the legal capacity and legal capacity of the participants;

3) compliance of the will with the will, i.e. the person will actually strive to achieve the result;

4) compliance with the form. Transactions must be made in simple written form, with the exception of transactions requiring notarization. Compliance with a simple written form is not required for transactions that can be made orally. In civil law, there is a division of invalid transactions into contestable и insignificant.

A transaction made by a legal entity will be invalid if it goes beyond the special legal capacity of the legal entity or if it is made by the bodies of the legal entity in excess of their powers.

Disputable transactions - transactions that give rise to the envisaged legal consequences that are binding on the parties and third parties, but due to circumstances that may be recognized as invalid and challenged.

Void transactions from the very beginning do not give rise to any consequences provided for by the parties in the transaction, they are invalid regardless of the desire of the parties (for example, a transaction aimed at limiting the legal capacity of a citizen is recognized as void). The law highlights the following types of invalid transactions:

1) by content:

a) transactions that do not comply with the law or other legal acts;

b) committed with a purpose contrary to the foundations of law and order and morality;

c) imaginary and feigned transactions. Imaginary - a transaction made without the intention to create the legal consequences corresponding to it. Feigned - a transaction made in order to cover up another transaction;

2) by subject:

a) committed by a citizen recognized as incompetent;

b) committed by a minor under the age of 14;

c) committed by a citizen who is unable to understand the meaning of his actions or control them;

d) committed by a minor between the ages of 14 and 18;

e) committed by a citizen limited by the court in capacity;

f) transactions of a legal entity that go beyond its legal capacity;

3) on the subjective side: committed under the influence of delusion; committed under the influence of deceit, violence, threat, malicious agreement of a representative of one party with the other party, or a combination of difficult circumstances;

4) in form: non-observance of the written form, if the observance of the form is expressly prescribed.

In cases where an invalid transaction has been executed in full or in some part, it is possible to apply bilateral restitution, unilateral restitution or non-application of restitution.

Bilateral restitution - restoring the parties to their original position.

Unilateral restitution - restoration to the original position of only the injured party.

Non-use of restitution characteristic of cases where both parties are guilty, both acted with intent, and therefore both must bear the disadvantageous consequences of the transaction they concluded, and then recognized as invalid.

23. REPRESENTATION: CONCEPT AND TYPES. POWER OF ATTORNEY

Representation - making transactions by a representative on behalf of the represented person and in his interests by virtue of the existing powers based on a power of attorney, an indication of the law or an act of an authorized state body or local self-government body, directly creates, changes and terminates the civil rights and obligations of the represented person.

Types of representation:

1) legal representation (based on a direct indication in the law and does not depend on the will of the person represented (guardians, parents);

2) contractual representation is based on the contract (special execution is required).

Representative entities:

1) represented - a person who needs assistance in acquiring, changing or terminating civil rights and obligations;

2) representative - a person whose legal actions acquire, change or terminate the rights and obligations of the represented in relation to third parties;

3) third person - a citizen or organization with which, as a result of the actions of the representative, the rights and obligations of the represented arise, change or terminate.

Power of attorney - a special document certifying authority. A power of attorney is a written authorization issued by one person to another person for representation before third parties.

The power of attorney must be properly executed.

Proper layout: a simple written form and a description of the authority of the representative.

When making transactions that require compliance with the notarial form, the power of attorney must be notarized (except as otherwise provided by law).

The following shall be equated to notarially certified:

1) powers of attorney of military personnel who are being treated in hospitals and other medical institutions, certified by the chiefs, their deputies for the medical unit, senior and duty doctors of the medical institution;

2) powers of attorney of military personnel located in the points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices, certified by the commanders of these units, institutions, institutions;

3) powers of attorney of persons in places of deprivation of liberty, certified by the head of the place of deprivation of liberty;

4) powers of attorney of adult capable citizens who are in institutions of social protection of the population, certified by the administration of these institutions or the head (deputy) of the relevant social protection body;

5) powers of attorney to receive wages, to receive remuneration of authors and inventors, pensions, allowances, scholarships, deposits of citizens in banks and other, certified by the relevant organization (place of work, study, etc.).

The validity period of the power of attorney cannot exceed three years. If the term is not specified in the power of attorney, it is valid during a year from the day it was made. A power of attorney that does not specify the date of its execution is void.

Types of power of attorney:

1) overall (general) - determines the authority to carry out various transactions and other legal actions (for example, the management of a citizen's property);

2) special - is given to perform homogeneous actions.

24. TERMS: CONCEPT, CALCULATION AND TYPES

Period - the moment or period of time at which the rights must be exercised and the assigned duties are to be fulfilled, with which civil law associates certain legal consequences. Deadlines by their nature belong to the category of facts that are called events, since the expiration of deadlines is of an objective nature.

The term can be determined calendar date or expiration of a period of time, which is calculated in years, months, weeks, days and hours, and the period can also be determined by indicating an event that must inevitably occur.

Term, defined by a period of time, begins the next day after the calendar date or occurrence of the event that determines its beginning.

Term, calculated in years, expires in the corresponding month and day of the last year of the term. The period defined as six months, calculated in quarters of the year, calculated in months, expires on the corresponding date of the last month of the term. A period defined as half a month is considered as a period calculated in days and is considered equal to fifteen days.

Term, counted in weeks, expires on the last day of the week of the term. If the last day of the term is a working day, the end of the term is considered to be the nearest working day. The period established for performing any action expires at twenty-four hours of the last day of the period. If this action must be performed in an organization, the expiration of the period occurs at the hour when the corresponding operations in this organization, according to established rules, cease.

Timing types:

1) by the subject of establishment:

a) court deadlines (established by the court);

b) legal terms (established by regulatory legal acts);

c) contractual terms (established by agreement, contract of the parties);

2) by the nature of certainty:

a) imperative (established by law and mandatory) and dispositive (can be changed by agreement of the parties);

b) absolutely certain, relatively certain, indefinite: the first indicate the exact moment of the action, the second are less accurate, but are associated with a specific period of time, and the third imply a certain time frame for the action, although none has been established;

c) general (established for everyone and determined by a specific period of time) and special (established as an exception to the general terms and act on the direct instructions of the law).

Term of exercising civil rights - this is the time during which the entitled person has the right (obligation) to independently perform any actions to exercise his subjective right or demand certain actions from the obligated person.

The terms for exercising civil rights are divided into:

1) terms of existence of a subjective right - duration of this right in time;

2) terms of termination of the subjective right establish a time frame for the exercise by the subject of his right. With the expiration of the period of termination of the subjective right, the subjective right is terminated, and it is impossible to exercise it.

Terms of protection of civil rights: statute of limitations, claim and warranty periods.

25. LIMITATION: CONCEPT AND TYPES. COURSE OF THE LIMITATION PERIOD

Limitation of actions - the term for the protection of the right on the claim of a person whose right has been violated and who may demand the protection of his violated rights and interests.

Limitation of actions - the period of compulsory protection of the violated right, closely related to the right to claim.

Right to claim - the opportunity provided by law for an interested person to apply to the court with a request to consider and resolve a substantive dispute for the purposes of a violated or disputed right or legally protected interest.

The claim for the protection of the violated right is accepted for consideration by the court, regardless of whether the limitation period has expired or not.

The terms and procedure for calculating the limitation period cannot be changed by agreement of the parties. The limitation period begins from the day when the person found out (or should have known) about the violation of his right. The exception is obligations with a certain period of performance - the limitation period here begins at the end of the period of performance. If the period for fulfilling the obligation is not determined or is determined by the moment of claim, then the limitation period begins from the moment when the creditor has the right to present a claim for the fulfillment of the obligation, and if the debtor is granted a grace period for the fulfillment of such a requirement, the calculation of the limitation period begins at the end of the specified period.

Types of statute of limitations:

1) the general limitation period is set at three years and is subject to distribution to almost all relations for which no special periods are provided;

2) a special limitation period, directly specified in the law (for certain types of claims, the law may establish special limitation periods, reduced or longer than the general period).

Suspension of statute of limitations possible in the event of circumstances hindering the protection of the violated right:

1) the filing of a claim was prevented by an extraordinary and unavoidable circumstance under the given conditions;

2) the plaintiff or the defendant are members of the armed forces that have been placed under martial law;

3) on the basis of the law, the Government of the Russian Federation has established a moratorium on the fulfillment of obligations;

4) the operation of a law or other legal act regulating the relevant relationship has been suspended.

The suspension of the period will take place if the listed circumstances arose or continued to exist in the last six months of the limitation period, and if this period is equal to six months or less than six months - during the limitation period.

Term break means that the limitation period begins to run in a new way from the moment the required event occurs. A break takes place if a claim is filed in accordance with the established procedure, and also if the obligated person has committed actions indicating recognition of the debt by him. After the break, the period begins anew.

Restoration of the term is carried out when the court recognizes a valid reason for missing the limitation period due to circumstances related to the identity of the plaintiff (for example, the plaintiff's serious illness, his illiteracy, etc.), the violated right of a citizen is subject to protection.

26. GROUNDS FOR ORIGIN, AMENDMENT AND TERMINATION OF CIVIL RIGHTS AND OBLIGATIONS

Civil law - a measure of the possible behavior of the subject.

civic duty - a measure of the proper behavior of the subject. Civil rights and obligations give rise to, change or terminate civil legal relations.

For the emergence, change and termination of civil legal relations, the occurrence of certain circumstances, called civil legal facts, is necessary.

Civil Legal Facts - circumstances with which normative acts associate certain legal consequences: the emergence, change and termination of civil legal relations. The basis for the emergence of civil rights and obligations can be either one legal fact or several.

Grounds for the emergence of civil rights and obligations:

1) from contracts and other transactions provided for by law, or from contracts and other transactions that are not provided for by law, but do not contradict it;

2) from acts of state bodies and acts of local governments, which are the basis for the emergence of civil rights and obligations;

3) from court decisions establishing civil rights and obligations;

4) as a result of the acquisition of property on grounds permitted by law;

5) as a result of creation of works of science, art, literature, inventions and other results of intellectual activity;

6) causing harm to another person (moral or physical);

7) unjust enrichment;

8) events with which the law or other normative act connects the onset of civil legal consequences;

9) other actions of citizens and legal entities. Legal facts can be classified into events and actions. Events arise, proceed and stop regardless of the will and consciousness of a person (natural disasters, natural phenomena, death, birth). Action - an act of will, the result of people's behavior (for example, making a deal).

Actions are divided into:

1) legitimate - do not contradict the law and other regulations;

2) illegal - on the contrary, they contradict the requirements of the law and other regulations. According to their legal meaning, actions are divided into:

1) legal acts - lawful actions that give rise to civil law consequences, regardless of the intention of the person who committed the legal act;

2) legal acts - lawful acts that give rise to appropriate legal consequences only when they are committed with the intention of causing these consequences. Legal acts are administrative acts and transactions.

Administrative acts can be carried out both for the occurrence of relevant administrative and legal consequences, and for causing civil legal consequences (issuance by the local administration of an order for a dwelling).

Administrative transactions committed only to cause civil consequences. Thus, legal facts in civil law can be classified into events and actions; legal and illegal actions; legal acts and legal acts; administrative acts and administrative transactions.

27. PROTECTION OF CIVIL RIGHTS: CONCEPT, WAYS

Right to defense - the possibility of applying law enforcement measures provided to the authorized person to restore his violated or disputed right.

Subject of protection - subjective civil rights and legally protected interests.

form of protection - a set of agreed measures to protect subjective rights and interests protected by law. There are jurisdictional and non-jurisdictional forms of protection.

Jurisdictional - activities of authorized bodies for the protection of violated or disputed subjective rights when applying to the court, etc.

Non-jurisdictional - independent actions of organizations and citizens for the protection of civil rights, carried out without applying to the above mentioned bodies of state power or local self-government bodies.

Ways to protect - Enshrined by law substantive measures of a coercive nature, with the help of which the restoration of violated rights and the impact on the offender.

Protection of civil rights can be carried out by:

1) recognition of the right (implemented only in court);

2) restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation;

3) recognition of a voidable transaction as invalid and application of the consequences of its invalidity, application of the consequences of the invalidity of a void transaction (implemented through the restoration of the situation that existed before the violation of the right);

4) invalidation of an act of a state body or local self-government body (a citizen or legal entity, whose rights were violated by the issuance of an invalid act, have the right to appeal against it in court);

5) self-defence of the right (the violated right in this case is subject to restoration or protection in a different way than going to court, provided for by civil law);

6) awarding the performance of an obligation in kind (the violator is obliged to actually perform those actions at the request of the victim, which he must perform by virtue of the obligation binding the parties);

7) compensation for losses (satisfaction of the property interest of the victim at the expense of monetary compensation for property losses incurred by him);

8) recovery of a penalty (a penalty may be reimbursed on a voluntary basis or by a court decision; it is recovered in cases expressly provided for by law or an agreement);

9) compensation for non-pecuniary damage (consists in the obligation of the violator to pay monetary compensation to the victim for the physical or moral suffering that he experienced in connection with the violation of his rights);

10) termination or change of legal relationship (most often subject to jurisdictional implementation);

11) non-application by the court of an act of a state body or local self-government body that is contrary to the law (applies to both individual legal and regulatory acts of state authorities and local self-government bodies);

12) in other ways provided by law. This list is not exhaustive; the law may provide for other means, such as the right of the creditor to perform work at the expense of the debtor.

28. PROPERTY RIGHT: CONCEPT, FORMS, TYPES. CONTENTS PROPERTY RIGHTS. METHODS OF ACQUISITION. TERMINATION OF OWNERSHIP

Objectively property rights - a system of legal norms that consolidate and protect relations in society for the appropriation of products of production, as well as means that allow the owner to exercise the rights of possession, use, and disposal of property. In the subjective sense - the specific powers of the owner in relation to the ownership of a particular property and the possibility of behavior in relation to this property.

Ownership content is that the owner has the right, at his own discretion, to take any actions in relation to the property belonging to him, but these actions must not contradict the law and other legal acts, as well as violate the rights and legally protected interests of other persons.

Forms: private, state and municipal property.

Views: general (share and joint) and individual.

The basis of occurrence - legal facts, the presence of which is necessary for the emergence of ownership.

There are primary ways of acquiring ownership and derivative ways of acquiring ownership.

Initial Ways - acquisition of the right of ownership to newly created real estate; ownership of a new movable thing made by a person by processing materials that do not belong to him; conversion to the property of public things (berries, mushrooms, etc.); acquisition of ownership of ownerless property, neglected animals, find; acquisition of ownership of the treasure; acquisitive prescription (for real estate - 15 years, for everything else - 5 years).

Derivative ways: nationalization, privatization, acquisition of the right of ownership of the property of a legal entity during its reorganization and liquidation, foreclosure on property for the obligations of the owner of this property, conversion of property into state ownership in the interests of society (requisition) or in the form of a sanction for an offense (confiscation), redemption of household animals in case of improper treatment, redemption of mismanaged cultural property, acquisition of property rights under a contract and in the order of inheritance.

Nationalization - conversion of the property of citizens and legal entities into the property of the state.

Requisition - the seizure of property from the owner in the interests of society by decision of state bodies in the manner and on the conditions established by law, with payment to the owner of the value of this property.

Confiscation - gratuitous seizure of property from the owner by a court decision in the form of a sanction for committing a crime or other offense.

Seizure of property by levying execution on it for the obligations of the owner is carried out by a court decision.

Property rights ceases from the moment the right of ownership arises from a third party, i.e. upon the occurrence of certain legal facts (alienation or refusal of the owner from the property, its destruction) or against the will of the owner (foreclosure, redemption of property: cultural values, pets).

29. OWNERSHIP OF CITIZENS AND LEGAL ENTITIES

Citizens' property right - a kind of private property, in connection with which citizens can own, use and dispose of property at their own discretion.

Sources of formation of property of citizens - their own labor and independent independent economic activity.

Types of property of citizens:

1) property, the source of which is one's own labor as a hired worker;

2) property, the source of formation of which is entrepreneurial activity based on one's own labor;

3) property, the source of formation of which is the involvement of hired labor.

Subjects: all citizens of the Russian Federation, foreign citizens and stateless persons.

The object can be all property, except for property withdrawn from civil circulation (wealth of the continental shelf and maritime economic zone, certain types of weapons, etc.). The quantity and value of property owned by citizens is not limited (except as provided by law).

A special legal regime has been established for some objects, in particular for housing (must be used for its intended purpose to meet the needs of the owner and members of his family), for vehicles subject to special registration, weapons, the purchase of which requires a special permit, potent poisons used in for medical, scientific and production purposes, and other objects whose turnover is limited.

The owner of the property can transfer this property as a pledge or trust management, use it for business activities.

Subjects of ownership of legal entities: business partnerships and societies, production and consumer cooperatives, public and religious organizations, associations and unions.

Objects of ownership of legal entities: any movable and immovable property (except for types of property that, in accordance with the law, cannot belong to legal entities).

The quantity and value of property owned by them is not limited, except in cases where restrictions are directly established by law in order to protect the constitutional order, health, rights and legitimate interests of others, to ensure the defense and security of the state. The property of a legal entity shall be terminated if it is established that the property owned by it cannot belong to it.

Commercial organizations, except for state and municipal enterprises, as well as institutions financed by the owner, are the owners of property transferred to them by their founders as contributions, as well as property acquired by these legal entities on other grounds. Non-profit organizations may be the owners of the property acquired by them and may use it only to the extent necessary to achieve the goals established by the founding documents.

Legal entities can be owners of any property, except for that which cannot be owned by legal entities by virtue of a direct indication in the law.

30. RIGHT OF STATE AND MUNICIPAL PROPERTY

These forms of ownership are designed to ensure the interests of large groups of people (the population of the Russian Federation as a whole and its subjects).

State property - property owned by the right of ownership of the Russian Federation, as well as property owned by the right of ownership of the constituent entities of the Russian Federation: republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts. The main feature that characterizes the right of state property is plurality of subjects. The rights of the owner on behalf of the Russian Federation and the constituent entities of the Russian Federation are exercised by state bodies. Property owned by the state is assigned to state enterprises and institutions with the right of operational management and the right of economic management.

В composition of state property includes:

1) objects that are the basis of national wealth; facilities necessary to ensure the activities of federal authorities and administration (treasury, currency fund, etc.);

2) objects of defense production (space and aircraft, etc.);

3) objects of industries that ensure the vital activity of the national economy (objects of the river and sea fleet).

municipal property - property owned by the right of ownership of urban settlements, rural settlements and other municipalities. The rights of the owner on behalf of the municipality are exercised by the bodies of local self-government. State authorities and officials do not have the right to exercise the powers of the owner in relation to municipal property.

Municipal property is the following objects:

1) residential and non-residential assets managed by the local administration; housing maintenance enterprises;

2) repair and construction enterprises serving objects of municipal property, objects of engineering infrastructure of cities, objects of urban passenger transport and external improvement;

3) other facilities that are in the operational management of the local administration;

4) retail trade, catering and consumer services enterprises; wholesale and warehouse enterprises, enterprises and divisions of production and technical equipment;

5) institutions and objects of healthcare, public education, culture and sports, etc. (the said property is registered in the register of municipal property).

The most common way of exercising the right of state and municipal property is transfer of state and municipal property to enterprises and institutions:

1) on the right of operational management (a state or municipal enterprise has the right to use property in accordance with the goals of its activities, the tasks of the owner and the purpose of the property);

2) on the right of economic management (a state or municipal enterprise is not entitled, without the consent of the owner, to sell, lease, pledge or contribute real estate to the authorized capital of business companies. With regard to movable property, all these actions can be performed in the absence of direct restrictions in law).

31. RIGHT OF COMMON PROPERTY: CONCEPT AND TYPES

In cases where property is owned by not one, but two or more persons, we can talk about common property.

Common property may occur in various grounds: joint purchase, marital status, inheritance, etc.

Object of common property right - an individually defined thing or a set of things that are not withdrawn from civil circulation.

Common property is characterized plurality of subjects property rights, which are called participants or co-owners of common property.

Types of common property: share and joint.

Common joint property - common property owned by several persons without determining shares. Joint property is divided into common joint property of spouses and property of members of the peasant economy. Participants in joint ownership own, use and dispose of the property owned by them jointly. Common joint property may arise only on the basis of law.

Joint property of the spouses - property acquired by spouses during marriage (an agreement between spouses may establish a different regime for this property).

The property that belonged to each of the spouses before marriage, as well as the property received by one of the spouses during marriage as a gift or by inheritance, is his property. Things for individual use, except for jewelry and other luxury items, although acquired during marriage at the expense of the joint funds of the spouses, are recognized as the property of the spouse who used them.

The property of each of the spouses shall be recognized as common property if it is proved that during the marriage, investments were made into this property from the common property of the spouses or from the property of one of the spouses, which significantly increased the value of this property.

For the obligations of one of the spouses, recovery may be levied only on the property that is in his ownership, as well as on his share in the common property of the spouses, which would be due to him in the division of this property.

Property of a peasant (farm) economy belongs to its members on the right of joint ownership. Members of a peasant (farm) farm shall jointly own the land plot granted to this farm or acquired, plantings, utility and other buildings, reclamation and other structures, productive and working livestock, poultry, agricultural and other machinery and equipment, vehicles, inventory and other property acquired for the farm at the common expense of its members.

The fruits, products and incomes received as a result of the activities of a peasant (farm) economy are the common property of the members of the peasant (farm) economy and are used by agreement between them.

Shared ownership characterized by the fact that each of its participants owns a certain fixed share. A participant in common shared ownership has the right to be given into his possession or use of a part of the common property commensurate with his share.

32. PROPERTY RIGHTS TO LAND: CONCEPT AND TYPES. PROPERTY RIGHTS ON OWNERSHIP AND USE OF ANOTHER LAND PLOTS. SERVICE

Real right - a right that ensures the satisfaction of the interests of an authorized person by influencing a thing that is in the sphere of his economic dominance. Legislated signs of property law:

1) the right to follow (the right follows the thing);

2) the absolute nature of protection (protection of property rights of a person who is not an owner is carried out by any person).

Law to rights in rem relates:

1) the right of ownership, the right of lifetime inheritable possession of land;

2) the right of permanent (perpetual) use of land;

3) the right of economic management;

4) the right of operational management;

5) easements.

In addition, property rights include the right of a cooperative member to a cooperative apartment until it is redeemed, the right to pledge real estate, the right of family members of the owner of the premises to use this premises.

The current legislation does not classify property rights.

The provision of land plots for permanent (unlimited) use is possible for state and municipal institutions, federal state-owned enterprises, state authorities and local self-government bodies on the basis of a decision of a state or municipal body authorized to make such decisions. Land plots for permanent (unlimited) use are not provided to citizens.

The new Land Code does not allow the acquisition of land plots on the basis of the right of lifetime inheritable possession by citizens. Those citizens who have land plots in inheritable possession for life have the right to acquire them as property.

Servitude - the right to limited use of other people's land plots. The easement is established by agreement between the person requiring the establishment of the easement and the owner of the land plot; in some cases the easement is established by the court. The servitude shall be terminated at the request of the owner of the land plot, if the grounds for establishing the servitude have ceased to exist.

Servitude rights of citizens - Separate, strictly defined, enshrined by law or an agreement with the owner of the right to use other people's land, limited to specific economic or consumer needs (passage or passage through a neighboring land, provision of water supply, etc.). The owner of a plot encumbered with an easement has the right to demand from the persons using the easement a commensurate payment for the use of the plot. Upon termination of the grounds for the use of an easement, it may be terminated at the request of the owner of the plot. In the event of the transfer of rights to a land plot that is burdened with an easement, the easement is retained to another person (Article 275 of the Civil Code). There are private and public easements.

private easement - an easement that ensures the interests of one person or a small group of persons (for example, passage or passage through a neighboring plot).

public easement - an easement that ensures the interests of society (for example, laying a power line). A public easement is established by laws or other legal acts of the Russian Federation, constituent entities of the Russian Federation, and legal acts of local governments.

33. WAYS OF PROTECTION OF THE RIGHT OF PROPERTY AND OTHER PROPERTY RIGHTS. VINDICATOR AND NEGATIVE CLAIMS

Property rights protection - a set of methods and methods provided for by law, with the help of which the protection of the violated property right is carried out, aimed at restoring and protecting the property interests of the owners of these rights.

К ways to protect There are two types of claims: rights of property and laws of obligations. Absolute protection, which is of a proprietary nature, comes into effect when property rights are directly violated. Protection of the law of obligations nature is applied when there is no contractual relationship between the violator and the owner.

The law provides for two proprietary protection methods: vindication claim of property from someone else's illegal possession and negative elimination of violations property rights that are not related to ownership.

In order to claim his property from someone else's illegal possession, the owner may present vindication action - a claim of a non-possessing owner against a person illegally possessing his thing, for the return of the thing and the income brought by it.

The subject of vindication can only be individually defined things, since the vindication claim is aimed at returning exactly the thing that the plaintiff had. When claiming property from bad faith possession, the owner has the right to demand from a person who knew or should have known about the illegality of his possession (bad faith owner), compensation for all income derived by this person for the entire time of possession of the thing; an unscrupulous owner shall return to the owner all income received by him from the use of the thing, starting from the time when he learned or should have learned about the unlawfulness of his possession or when he received a subpoena on the owner's claim for the return of property.

A vindication claim cannot be brought in case of destruction of property. The bona fide and unfair owners have the right to demand from the owner of the property compensation for the costs incurred by them on the property. When creating obstacles to the owner in the use and disposal of his property, he may file a negatory claim.

Claimant for negatory claim - the owner of the property, the defendant - a person who prevents the owner from exercising his powers in relation to the property.

A negative claim cannot be brought, if the actions of third parties preventing the owner from using or disposing of his property have been terminated. In this case, it is possible to file a claim for compensation for losses incurred by the owner as a result of the offense.

The law establishes the protection of the rights not only of the owner, but also of the title owner, to whom the thing does not belong by right of ownership.

Title holder - a person, although not the owner of the property, but owning the property on the basis of the right of lifetime inheritable possession, economic management, operational management, or on other grounds provided for by law or contract. The title owner, just like the owner of property, has the right to reclaim a thing from someone else's illegal possession, and also has the right to demand the elimination of obstacles that prevent him from using and disposing of property.

34. CONTRACT: CONCEPT, CONTENT, TYPES

Contract - an agreement of two or more persons on the establishment, change or termination of civil rights and obligations. Contract - the most common type of transactions. AT content of the contract includes the rights and obligations of the parties to the contract, the conditions under which the contract enters into force or loses it, etc.

The concept of contract is used in three meanings, contract as:

1) a legal fact, i.e. the basis for the emergence, change or termination of a civil legal relationship;

2) agreement of the parties, providing for the rights, obligations and procedure for their implementation;

3) a document containing a specific message. The content of the contract is its conditions, which are divided into essential, ordinary and accidental.

Essential terms of the contract are the conditions:

1) on the subject matter of the contract;

2) the conditions provided for in the law as essential;

3) conditions required for this type of contracts;

4) the conditions in respect of which, at the request of one of the parties, an agreement must be reached.

Normal conditions - conditions stipulated by law and entering into force automatically, regardless of their indication in the contract.

random conditions supplement or change the usual conditions. Such conditions are included in the text of the contract at the discretion of the parties, but their absence does not affect the validity of the contract.

All contracts can be classified to:

1) unilateral (for one party, the contract gives rise to rights, for the other - obligations) and bilateral (at the conclusion of the contract, each party acquires both rights and obligations);

2) compensated (the property representation of one party is due to the counter property representation of the other party) and gratuitous (the property representation is made by only one party);

3) real (for example, purchase and sale) and consensual (the contract is considered concluded from the moment the parties reach agreement on all essential terms of the contract);

4) an agreement in the interests of the parties and an agreement in the interests of a third party;

5) main agreement and preliminary agreement.

Primary - an agreement that directly gives rise to the rights and obligations of the parties related to the movement of material goods, the transfer of property, the performance of work, the provision of services.

Preliminary - an agreement to conclude a contract in the future. The preliminary contract is concluded in the same form as the main contract, contains the essential terms of the contract, as well as the period in which the main contract must be concluded. If the term for the conclusion of the main contract is not specified, then such an agreement must be concluded within a year from the date of conclusion of the preliminary contract. The parties that have entered into a preliminary agreement are obliged to conclude the main agreement.

Public contract - an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services, which it, by the nature of its activities, must carry out in relation to everyone who applies to it (for example, a retail sale contract). The organization does not have the right to give preference to anyone or refuse to conclude a contract if it is possible to provide the required service or product.

35. PROCEDURE FOR CONCLUSION, AMENDMENT AND TERMINATION OF THE AGREEMENT

The contract is concluded upon reaching an agreement between the parties on all essential terms of the contract. The conclusion of an agreement occurs by sending an offer (proposal to conclude an agreement) for the conclusion of an agreement by one of the parties and its acceptance (consent to the conclusion of an agreement) by the other party. The party making the offer to conclude a contract - offeror; the party accepting the offer, - acceptor.

The contract can be concluded on the initiative and the free will of the parties or without fail. When concluding an agreement, the parties to the agreement are required to comply with the terms of the agreement established by law.

The moment of conclusion of the contract is the moment when the person who sent the offer receives its acceptance. In the case when the transfer of property is required for the conclusion of the contract, the contract is considered concluded from the moment the required property is transferred. If state registration of the contract is required, it will be considered concluded from the moment of its registration. The contract can be concluded by holding an auction with the person who won the auction.

Requirements for the offer:

1) is sent to one or more specific persons;

2) must contain all the essential terms of the contract;

3) must be sufficiently definite and clearly express the intention of the person to conclude the contract;

4) from the moment of receipt is irrevocable.

Acceptance - the response of the person to whom the offer was sent, about its acceptance. The acceptance must be complete and unconditional. Silence is not an acceptance, unless otherwise follows from the law, customary business practice or previous business relations of the parties.

When changing and terminating the contract, as well as when concluding it, certain rules must be observed: it is carried out in the same form as the contract itself. If the request to amend or terminate the contract comes from one party, then the interested party must send a proposal to the other party to amend or terminate the contract. The party that received the proposal to amend or terminate the contract must, within the time period specified in the proposal or the law (and in the absence of a deadline, within thirty days), send a response to the party that made the proposal on the consent or disagreement of the amendment or termination of the contract or on the consent of the amendment or termination contract, but on different terms.

Change or termination of the contract only possible by mutual agreement sides. At the request of one of the parties the contract can be terminated by the court in the following cases:

1) if there are significant violations of the contract by the other party (the injured party to the contract has the right to demand from the violating party compensation for losses caused by the change or termination of the contract);

2) a significant change in the circumstances from which the parties proceeded when concluding the contract;

3) in other cases provided for by law or the contract.

Claim procedure for resolving the issue of changing or terminating the contract consists in the possibility of the interested party, before applying to the court, to send to the other party their proposals for changing or terminating the contract. In case of disagreement of the latter, the case is decided by the court.

36. OBLIGATIONS: CONCEPT, CONTENT, TYPES AND GROUNDS

Subject of the law of obligations - relations that develop in the process of economic turnover.

Commitment is a legal relationship that is governed by property law, by virtue of which one person is obliged to perform a certain action in favor of another person: transfer property, perform work, pay money, etc. - or refrain from a certain action, and the creditor has the right to demand performance from the debtor his duties. There are two parties involved in the obligation - the authorized and the obligated. The authorized party is vested with the right to require the obligated party to perform certain actions. The obligated party must perform certain actions in favor of the entitled party.

Eligible Party is called the creditor, and the subjective right belonging to it is called the right of claim. The creditor is an active party to the obligation.

obligated party is called a debtor, and the obligation lying on it is called a debt. The debtor is recognized as a passive party. He performs his actions at the request of the creditor, subject to the right of the creditor. The legal content of the obligation relationship is the creditor's right to claim and the debtor's debt.

Obligation object - actions of the debtor. On the grounds of occurrence, all obligations are divided into contractual (arising on the basis of an agreement) and non-contractual (other legal facts serve as the basis).

Contractual obligations are divided into obligations by:

1) sale of property;

2) provision of property for use;

3) performance of work and provision of services;

4) insurance;

5) on joint activities;

6) settlements and lending;

7) mixed obligations.

Non-contractual obligations are divided on obligations from unilateral transactions and protective obligations. Also obligations are divided into:

1) simple - they have only one right and obligation, and complex - there are several rights and obligations);

2) one-subject obligations - the debtor is obliged to transfer a certain object, alternative - the debtor must transfer an object of his choice from several, and facultative obligations - the debtor is obliged to perform certain actions, and if it is impossible to perform such actions, he is given the opportunity to perform other actions;

3) obligations related and not related to the person of the debtor or the person of the creditor;

4) main and additional obligations.

Legal facts, on the basis of which obligations arise, are usually called the grounds for the emergence of obligations. Most common grounds for liability - contract (purchase and sale, exchange, etc.). One-sided transactions (forgiveness of debt, gift and other transactions that do not contradict the law) can also serve as the basis for the emergence of obligations.

In addition to contracts, obligations relations can arise from acts of state authorities and local authorities (the content of the obligation arising from such an act is determined by this act itself), illegal actions (torts) and tort obligations arising on their basis, as well as events.

37. PERFORMANCE OF OBLIGATIONS: CONCEPT, PRINCIPLES, PARTIES, TYPES

Execution of obligations - performance by the debtor of a certain action in favor of the creditor, which constitutes the content of the obligation, or refraining from performing an action due to the circumstances, which the creditor is entitled to demand.

The fulfillment of an obligation, in whole or in part, may be entrusted to a third party, if it was foreseen in advance. In this case, the creditor may not accept the obligation if its performance was directly related to the personality of the debtor.

Principles for the fulfillment of obligations - fundamental rules for the fulfillment of obligations. The law enshrines two principles for the fulfillment of obligations: the principle of real fulfillment and the principle of proper fulfillment.

Real performance principle implies mandatory performance in kind, i.e. the debtor must perform exactly the action that constitutes the content of the obligation without replacing this action with a monetary equivalent in the form of compensation for losses or payment of a penalty.

Due Diligence Principle assumes that the obligations must be properly performed in accordance with the requirements of the law (other regulatory enactments) and the terms of the obligation (if such conditions and requirements are absent in accordance with the customs of business or other commonly required requirements), and also that the obligation must be performed by the proper subject, in the proper place, at the proper time (if determined by the parties or by law).

Parties to the obligation - the creditor and the debtor - can be represented by one person or by two or more. When the parties are represented by two or more persons, we can speak of a plurality of persons in the obligation. Plurality can be present on one side of the obligation, or on both. Depending on how many persons are represented by the parties to the obligation, they distinguish between active, passive and mixed plurality of persons in the obligation.

When several persons participate on the side of the creditor with one debtor - active plurality.

Passive characterized by the presence on the side of the creditor of one person, and on the side of the debtor of two or more persons. Participation in an obligation of several debtors and several creditors - mixed. Obligations can be divided into shared, joint and subsidiary.

Equity assumes that each participant has rights and bears obligations in an obligation only within the limits of his share. In the case of an active plurality, each creditor has the right to demand performance from the debtor only to the extent of the share of the relevant creditor. With passive plurality, the creditor has the right to demand performance from the debtors only in the part belonging to each of the debtors. The debtor who has fulfilled his obligation is removed from it, and the obligation for him is considered fulfilled.

Solidarity may arise only in certain cases provided for by law or contract (for example, joint infliction of harm).

Subsidiary can take place only with passive multiplicity. The subsidiary debtor fulfills the obligation only to the extent that it is not fulfilled by the principal debtor.

38. PENALTY AND RETENTION AS METHODS OF ENFORCING OBLIGATIONS

Ways to ensure the fulfillment of obligations - measures facilitating the fulfillment of obligations, consisting in imposing additional burdens on the debtor in case of non-fulfillment or improper fulfillment of the obligation, or in attracting third parties to fulfill the obligation along with the debtor.

The law establishes several ways to ensure the fulfillment of obligations: forfeit, pledge, retention of the debtor's property, surety, bank guarantee, deposit.

Penalty (fine, penalty) - a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular in case of delay in performance.

penalty is applied in case of delay in the monetary obligation and is calculated as a percentage of the amount of the unfulfilled obligation for each day of delay.

Penalty as a way to ensure the fulfillment of an obligation, it is most often used in the field of entrepreneurial activity (delivery, transportation, etc.).

The penalty is payable for a single or continuing violation in a fixed amount or in a certain amount to the amount of the unfulfilled obligation.

An agreement on a penalty is drawn up in writing, regardless of the form of the main obligation. Failure to comply with the form of the agreement on the penalty shall entail the invalidity of the penalty.

Types of penalty:

1) on the basis of occurrence:

a) legal penalty (provided by law);

b) contractual (established by agreement of the parties);

2) regarding losses, a distinction is made between:

a) set-off penalty (losses are reimbursed to the extent not covered by the penalty);

b) a penalty (damages may be recovered in full in excess of the penalty);

c) an exceptional penalty (only a penalty is allowed, but not damages);

d) an alternative penalty (at the option of the creditor, either a penalty or damages may be collected). The essence of the retention lies in the fact that the creditor, who has the thing to be transferred to the debtor or to the person specified by the debtor, has the right, in case of failure by the debtor to fulfill the obligation to pay for this thing or reimburse the creditor for the costs and other losses associated with it, until then until the corresponding obligation is fulfilled. The thing held by the creditor does not become his property. Withholding is the only way to enforce a penalty that arises from the law.

For a creditor to apply withholding, three conditions must be met simultaneously:

1) object of lien - a thing belonging to the debtor, which the creditor must transfer to the debtor or the person indicated by him;

2) retention must ensure the obligation of the debtor to the creditor;

3) the obligation secured by the withholding was not performed on time.

Claims of a creditor who retains a thing are subject to satisfaction from the value of this thing in the amount and in the manner provided for the satisfaction of claims secured by a pledge. The obligee has the right to retain the debtor's thing in his possession even if the rights to this thing, after this thing came into the possession of the obligee, were acquired by a third party.

39. Pledge as a way to secure an obligation

Bail may arise by virtue of an agreement or on the basis of a law upon the occurrence of the circumstances specified in it. The pledge agreement is concluded in writing.

Characteristic feature of the pledge It consists in the fact that property is predetermined, on which the creditor has the right to foreclose in the event of default by the debtor of the main obligation.

Parties: pledgor - a debtor or a third person who is the owner of a thing, or a person who owns property on the right of economic management; pledgee - a person who has received property as a pledge (creditor).

Essence of Collateral is that the creditor, in the event of default by the debtor of the main obligation, has the right to receive satisfaction from the value of the pledged property preferentially over other creditors. The pledged property may not be transferred to the pledgee, but remain with the pledger (for example, when pledging real estate).

Subject of pledge - property or property rights (rights of claim). Claims that are inextricably linked with the personality of the creditor, claims for alimony, compensation for harm caused to health, property withdrawn from circulation cannot be the subject of pledge.

Types of main pledge:

1) with the transfer of property to the pledgee;

2) without the transfer of property to the pledgee.

Collateral obligations can be divided into pledge:

1) vehicles;

2) real estate;

3) securities;

4) goods in circulation;

5) property rights;

6) money.

The pledgor has the right check the availability, quantity, condition, storage conditions of the pledged property held by the pledgee; demand early termination of the pledge if there is a threat of loss of the pledged property; within a reasonable time, restore the subject of pledge or replace it with an equivalent property in case of loss; use the pledge, extract from it fruits and incomes; alienate the subject of pledge with the consent of the pledgee.

The pledgee has the right in cases stipulated by the contract, to use the property; file a vindication claim for the recovery of property from someone else's illegal possession. The pledgee has the right to demand early performance of the obligation secured by pledge in cases of loss of the subject of pledge due to circumstances for which the pledgor is not responsible; violation by the pledgor of the rules on subsequent pledge; if the subject of pledge has left the possession of the pledgor in a case that does not comply with the terms of the agreement, in case of violation by the pledgor of the rules on the disposal of the pledged property.

The right of pledge arises from the moment:

1) conclusion of an agreement;

2) transfer of property to the pledgee;

3) acquisition of the right of ownership by the debtor to goods or the right of economic management.

The deposit is terminated if:

1) termination of the main obligation;

2) claims of the pledgee;

3) destruction of the subject of pledge or termination of the pledged right;

4) sale of pledged property;

5) withdrawal from the pledgor of the subject of pledge, if the owner of the property is another person;

6) transfer of ownership of the pledged property under paid and gratuitous transactions or in the order of universal succession.

40. BANK GUARANTEE AND GUARANTEES AS WAYS TO ENSURE THE PERFORMANCE OF OBLIGATIONS

Bank guarantee - a means of securing obligations, which consists in the fact that the guarantor (bank, other credit institution or insurance organization) gives, at the request of the principal (debtor under the main obligation), a written obligation to pay the beneficiary (creditor of the main obligation) a sum of money upon submission by the beneficiary of a written demand for its payment .

The bank guarantee is unilateral commitment, but the basis for issuing a guarantee is an agreement between the principal and the guarantor, according to which the guarantor gives a written obligation to pay the principal’s creditor the appropriate amount of money. Its peculiarity, unlike other interim measures, is that the guarantee obligation does not depend on the main one, i.e. if the main obligation is fulfilled or invalid, the beneficiary’s claim for payment of the amount must be satisfied.

The guarantee must contain information about who issues the guarantee, to secure what obligation it is provided, the limits of the guarantor's obligation, the duration of the guarantee, information about the principal and the beneficiary, etc.

For the issuance of a bank guarantee, the principal pays a certain remuneration to the guarantor. The right to claim against the guarantor, which belongs to the beneficiary, cannot be transferred to another person.

Depending on the Depending on the purpose and nature of the obligations, bank guarantees are:

1) a firm offer of goods;

2) payment;

3) providing (goods, loans);

4) guarantees for the return of advance payments, tax, judicial, customs guarantees. Commitment to bank guarantee expires:

1) payment of the amount for which the guarantee was issued;

2) the end of the guarantee period for which it was issued;

3) after the beneficiary waives his rights under the guarantee and returns it to the guarantor;

4) due to the waiver of the beneficiary of his rights under the guarantee by a written statement on the release of the guarantor from his obligations.

Surety - an agreement by virtue of which the guarantor is obliged to the creditor of another person to be responsible for the fulfillment by the latter of his obligations in full or in part.

Surety agreement - an agreement between three parties: the guarantor, the debtor and the creditor. The peculiarity of the relationship under the contract of guarantee is that both the debtor and the guarantor become obligated to the creditor. Form of surety agreement - written. Failure to comply with this will result in the invalidity of the contract. The guarantor and the debtor are jointly and severally liable to the creditor, unless the law or agreement provides for the subsidiary liability of the guarantor. If the guarantee is joint, the guarantors are jointly and severally liable to the creditor, unless otherwise provided by the guarantee agreement.

The guarantee terminates with:

1) termination of the obligation secured by it;

2) a change in an obligation that entails an increase in liability or other adverse consequences for the guarantor;

3) transfer of debt to another person;

4) refusal of the creditor to accept the proper performance offered by the debtor or surety;

5) the expiration of the period specified in the surety agreement for which it is given.

41. CIVIL LIABILITY: CONCEPT, FORMS, TYPES

Civil liability - type of legal responsibility.

Responsibility - certain adverse consequences imposed on the person who violated the obligation.

Civil liability applies to protect civil rights and has primarily a preventive and educational value.

For civil liability typically coercion to bear negative property consequences arising from non-fulfillment, improper performance of obligations under the contract and from the infliction of non-contractual harm. Property losses must be transferred to the offender to restore the property status of the injured party.

Form of civil liability - a form of expression of some additional burdens imposed on the offender (for example, compensation for losses, payment of a penalty, taking away a thing, etc.).

Composition of a civil offense - a set of conditions necessary for bringing to responsibility. The composition of a civil offense includes wrongfulness, guilt, harm and causation. Liability in some cases is possible in the absence of most of the elements of the composition.

Wrongfulness - inconsistency of a person's behavior with the law or an agreement, entailing a violation of the property or non-property rights of another person. Illegal behavior can be either action or omission. The wrongfulness of an action (inaction) is a prerequisite for bringing to responsibility. Both awareness and unawareness of behavior do not affect wrongfulness.

Fault - mental, intentional or careless attitude of the subject to his behavior and its result. Guilty of committing an offense can be not only a citizen, but also a legal entity. The fault of a legal entity lies in the fault of any of its employees who fulfill the obligation of the organization.

Purpose is expressed in the offender's foresight of a harmful result and the desire or conscious assumption of its occurrence.

Negligence - the party foresees the possibility of a harmful result, but carelessly counts on its prevention or does not foresee the possibility of such consequences, although it can and should foresee them.

Harm - any derogation of the good protected by the law. Property damage is called damage.

Causal relationship - the relationship between the wrongful act and the ensuing consequences.

Types of civil liability:

1) contractual (sanction for violation of a contractual obligation) and non-contractual (applied to the offender who is not in a contractual relationship with the victim);

2) shared, joint and several and subsidiary liability.

Exemption from liability it is possible in the absence of conditions for bringing to it: if the failure to fulfill the obligation and the infliction of harm were lawful; if there are no losses to be compensated; if the losses are not in a causal relationship with the behavior of the responsible person; if there is no fault of the violator (excluding cases when the law or the contract provides for liability regardless of fault).

42. AMENDMENT AND TERMINATION OF LIABILITIES: CONCEPT, GROUNDS, METHODS

During the validity of the obligation legal relationship, certain circumstances may arise that do not terminate the obligation, but change it.

May change the method, term, place of performance of an obligation, or one security obligation may be changed to another.

Obligations may be changed on the grounds provided for by the Civil Code, other laws, other legal acts, as well as the contract. At any time, the parties to the obligation may agree to amend and supplement the obligation. The obligation is considered changed from the moment the parties enter into an agreement to change it.

Termination of obligation - loss by the subjects of the obligation of subjective rights and obligations that make up the content of the legal relationship due to the termination of the obligation. A terminated obligation ceases to exist, and its participants are not bound by the rights and obligations that bound them while the obligation existed.

Grounds for termination obligations can be divided into two main groups:

1) the obligation is terminated at the will of the parties to the obligation;

2) the obligation is terminated against the will of its participants.

The termination of the obligation must be properly executed, i.e. in the same way as previously established. In some cases, the law establishes a method for formalizing the termination of an obligation.

Ways to terminate the obligation:

1) proper execution. If the debtor fulfills the obligation properly, the creditor, accepting the performance, must issue him a receipt. If the debtor issued a debt document to the creditor, he must return this document to the debtor and replace the receipt with the corresponding inscription on this document;

2) compensation. If the debtor is unable to complete the work he owes, he asks the creditor to postpone the deadline for completing this work when paying compensation;

3) offset of mutual claims. Possible for homogeneous requirements for which the deadline has already arrived or is determined by the moment of demand.

Set-off of mutual claims is not allowed:

a) if any of the claims has expired, if the other party asks to apply the limitation period;

b) claims for compensation for harm caused to life or health;

c) on claims for the recovery of alimony;

d) in relation to requirements for life support;

4) novation - replacement of an obligation that existed between the parties with another obligation between the same parties, which provides for a different subject or method of performance. Novation is not allowed in the event of a claim for compensation for harm to health and when paying alimony;

5) impossibility of fulfilling an obligation (only if it is caused by a circumstance for which neither party is responsible);

6) debt forgiveness. Consists in releasing the debtor from the obligation to perform any actions or to refrain from performing the latter;

7) coincidence of the creditor and the debtor in one person;

8) termination of a party to an obligation (liquidation of an enterprise, death of a citizen, if the obligation is related to his personality);

9) based on an act of a state body.

Author: Stepanova O.N.

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