2 problems in civil law

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Uploaded: 02.07.2013
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Objective 1
Committee on State Property Management transferred FSUE "Explorer" in the order of their economic management, two non-residential buildings. The program was framed transfer deed. Two years later, the Property Management Committee has decided that the company uses one of the buildings is inefficient, and gave it out to production cooperatives "Dorojnik."
Upon learning of the transfer of the building to the cooperative, the company filed a lawsuit to him on the return of the building from illegal possession, stating that the lease signed by the Management Committee of the property without the consent of the holder of the right of economic management at this building is void and does not give rise to legal consequences. The company is also required to remove the facade a sign with the name of the cooperative and its outstanding advertising.
Entitled to owner (body acting on its behalf) to remove inefficient used subject to the law of business property? Who and under what conditions can take the property fixed on the right of business to rent? Let's say you in this case claim vindication? Is the requirement of the enterprise?

Task 2
JSC "Textiles" and LLC "OPTINTORG" concluded the supply contract party tissues. The enforcement of obligations to pay for goods in the contract include the provision of a guarantee by a third party payment. LLC "OPTINTORG" entered into an agreement to issue guarantees with the insurance company "Globus". The latter sent a joint-stock company "Textiles" letter of guarantee, under which pledged to take responsibility for the failure of "OPTINTORG" its commitment to the amount of payment.
Payment within the prescribed period has not been made, and of "Textiles" to sue the UK "Globe" with the requirement to recover from its debt and interest on borrowed funds. SC "Globe" has not recognized the claim, stating that the sale of fabrics is apparent - in fact, the fabric is not transferred to the buyer. The invalidity of the main contract, according to representatives of the insurance company, invalidates the warranty obligation.
Whether justified objections SC "Globe"? Are the claims of "Textiles" in the UK "Globe" in full satisfaction? It would change the solution of the problem, if an obligation to ensure fulfillment of the guarantee and not a bank guarantee?

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