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14. Pre-trial Disputes
Question: Can the amount of money that I deposited double if the price of my apartment is abandoned?
Reply: In concordance with pt. 1 article 395 RA CC " money given by one of the stipulators as agreement account to the other stipulator in witness of making of contract and as a guarantee of it's fulfillment. ". So integral function of deposit is the evidence of making of contract. The purchase contract of apartment must be concluded.
In concordance with pt.1 a 567, pt.1 a 501 RA CC the purchase contract of apartment must stipulate the price of belongings. In case of lack of the price the contract is not made. Besides in concordance with article 570 RA CC the condition of apartment sell contract is list of these persons with evidence of their entitlements selling living space. Apartment purchase contract is subject to public registry and considered made since the moment of such a registry.
All said charges to the contract are not observed, which means invalidity of the contract.
So, agreement about deposit is invalid.
Question: I was my friend's guardian, who died 9 months ago.
I'm living and registered at her flat in Vanadzor. She hadn't got any near relations, I don't know anything about the others. Please, advise me what I should do to formalize title of that flat on me."
Reply: You haven't written but your friend's belongings rather were given you to trust managing. Article 954 RA CC says, that " the disposal of property to trust managing doesn't entail the passing of property to trust manager.
Moreover, You don't have the succession right in point of Your friend's belongings ( You aren't her relative and, as I understood, there is no will written as to You ). So, I think that You can't formalize title of that flat on yourself. But even after Your friend's death You don't lose the rights of enjoyment the flat.
Question: Yerevan branch office owes our enterprise settled amount. We sued, rendition proceedings was made in our favour and became effective. But the branch office's got not enough - no money, no essential belongings.
1) Is it necessary try to get sth. from branch firstly?
2) Is it possible to get sth. real from parent office - it is necessary to send a receiving order somewhere or what? ( our agent can't come )
3) Will it be legal to sell Yerevan office debt to our enterprise, ( if we find any buyer, ) and how to draw it?
Reply: 1. Respondent of the engagement is a legal person. The branch is only an organization department, so Yerevan office owes Your enterprise and not the branch. So all the debts must be asked from it. The branch is just the holder of firm right when paying the debt ant the director acts under authority in that time. In the time of the recovery of debt the receiving order is being sent to the debtor's place, which means the place of agency of the legal person and not his branch. So submit the receiving order to Yerevan, if the firm won't agree to fulfil the legal decision free.
2. And that's about the selling of the debt: cession of the charge right in the stage of administrative production is legally acceptable ( in CC it's called "cession by writ of execution" ) . The selling of debt legalizes by the assignment (cession of the charge right ), which is concluding in the same form as the prime contract ( if the contract, following non-compliance with which Yerevan firm became your debtor is subject to public registry so assignment contract is also subject to public registry ). Debtor's agreement on cession of rights isn't needed but his advice is needed. In whole the point of cession of right gets settled by articles 397-405 RA CC.
Firstly after making an assignment contract the assignor ( the one who transmits the debt, notably You ) can go to the law, which delivered the judgement, to ask about changing the litigant ( procedural succession ). The Court renders a corresponding assessment and issues a new receiving order. Secondly the assignor can consult a sergeant with a corresponding application, who must make the changing of the side in administrative production, passing a corresponding resolution.
Question: 1. During the traffic accident, in which took part two cars, were injured a passenger from one of the vehicles. Which driver is the tortfeasor of the passengers in the present case: the one of the vehicle they were or the the one from the vehicle had rammed into them?
2. Does civil liability (it's scope) depend on the presence of one of the traffic accident driver's guilt (administrative, criminal execution) in the present case? If yes, how the situation is interpreted if neither the one nor the other is guilty; if one's guilt is established; if the guilt is mutual?
Reply: Under the statutory reference ( pt. 3, article 1024 CC ) the owners of the sources of heightened danger are jointly responsible for the damage made to the foreigners following the interaction of these sources ( collision of the vehicles, etc. ). So, the injured has the right to make a demand of all the tortfeasors jointly for indemnify or demand a part of the compensation or the whole one from any of them separately ( point 1, article 362 CC ).
The injurer, repaid for the others as a whole or a part more than his one, constated according to everybody's guilt degree, has a right of the opposite demand from the other injurers by the canons of pt. 2 article 1074 CC.
2. The guilt is left out of account if the damage to foreigners is compensated: the liability comes without guilt. Moreover the liability is limited on the grounds of pt.1a 1072 CC - the liability does not come in this case if the injurer proves that the injury appeared as a result of force majeure or the injured's intention.
While the compensation to each other the guilt is taken into account by the canons of article 1058 CC. So, if one of the owners is guilty and another is not, the damage is being compensated by the first one to the last one and the last one's liability doesn't come as a result of lack of the guilt. If all the injurers are guilty the size of the liability of each of them is formed by the canons of a. 1073 CC taking into account the form of guilt of each of them. If lack of the owners' guilt in mutual infliction ( irrespective of it's size ) non of them has a right on compensation.
Question: There was a traffic accident on Mashtots avenue 3 months ago. The running-down accident was committed by a driver of a municipal enterprise car. The insurance company has compensated the damage. Question: can the compensation for lost value of the car and moral hurt be received? If yes, how do it better and what documents are needed for the court? May you give an exemplary form of the action, thanks beforehand.
Reply: Of course, the ( LMC ) loss of the car marketable cost may be exacted. The matter is the reasonability of the ban. Depending on the car brand and degree of the damage the loss of marketable cost may amount 100 US dollars and maybe 10000 dollars. So, before applying to the court apply to an expert who'll show you the approximate size of LMC roughly ( without making an examination ). After all that the order of actions is next:
1. Apply to the defendant demanding comply with your demands free.
2. Fix an independent examination which'll appraise the size of LMC in every expert institution.
3. Notify the defendant about the making an examination ( time and place ) in written form ( by a registered letter or by a cable with a return receipt ).
4. If the defendant refuses to compensate the LMS free make an actional on the grounds of expert's findings and direct it to the court by the defendant's location. Depend on the situation and disposition of your demands appendix to the action must be:
1. Copy of the statement of claim.
2. The note from National traffic police about the traffic accident.
3. Act of inspection of the vehicle.
4. The calculation.
5. The expert's conclusion about detection of the size of the car LMC.
6. Copy of the cable text with a notice about defendant call to the car inspection.
7. Marketable cheque for the expert payment.
8. Copy of the contract about juridical service and authority at the conduct of a case in the legal body (if you use lawyer service).
9. State due payment ticket.
10. The insurance money note.
Unfortunately, moral damage compensation does not being recouped by RA law. State your e-mail so that I can give the exemplary form. You can also apply to an lawyer, who'll make an action for you, and his service costs exact from the defendant.
Question: Can I, as a householder of not privatized 2-room flat (on Abovyan str.), discharge my grandson or my son's 1.5-year-old son because the child's mother and my son are divorced. The mother and the child have lived and are living at their flat in the other area and with another family now, but the mother is flatly refusing to register the child at her flat. My son agree to discharge the child. Please, suggest what we can specifically do in this case.
Reply: Under a. 17 RA DC when dissolution of marriage the court must fix with which parent non-adult children will live after divorce if this problem isn't solved by conjoints. Under a. 23 RA CC not reached the age of 14 minors' place of residence is their legal representatives' (parents) place of residence.
So, in your case the child's place of residence ( and, of course, registry in this place ) must be the place of residence of the parent with whom he lives under the judgment (agreement between ex- conjoints). If under the judgment (agreement) the child lives with mother he must be struck off the register of the grandmother's residence on the grounds of the judgment and the statement about a registry in a new residence.
Question: I bought a digital camera from "Zigzag" shop. It has a defect (I find it out ih 10 days after buying). There is a clause in law that during repair/examination period "salesman" must give me similar article. First question - what does mean similar article? Can I demand the same brand analogue with the same settings, as I bought no a simple hand-held camera but almost a high end one. There isn't the same one, there is one of the same batch only not 3.2 megapixels but 4 mp and it costs 2 thousands more, can I demand it as it is a perfect analogue of my one except the matrix?
Reply: The similar article means respective, approximate one. The similarity'll become clear in place by comparison between seller's cameras and your one and it is not ruled out that the one you want will be similar. Besides remember that under a.16 RA law " About protection of consumers " a consumer which bought a wrong article, if it hadn't been mentioned by a seller, has the right to demand of his own choice:
- Gratuitous removal of article defects or indemnity on their repairing by the consumer or a foreigner.
- Ratable reduction of the purchase price.
- Replacement by an article of the same brand ( model, marking of goods ).
- Replacement by a similar article by the other brand ( model, marking of goods ) with a proper reappraisal of purchase price.
The consumer has the right to reject execution of sales contract and demand reimbursement for the article instead of qualifying these standards.
Question: The traffic accident happened on 62 km of Yerevan-Gyumri highway. The culprit was insured by obligatory insurance in one of insurance agencies. The agency hasn't paid the obligatory insurance on traffic accident already 8 months.
They motivating that not the all documents are offered to National traffic police. They say that they made a call but National traffic police hasn't replied.
If taking the matter to court may one only claim bank rate besides main payment?
Reply: The situation needs to be looked at more specifically. But on the whole you can bring an action against the tortfeasor and insurance company ( perhaps it'll involve NTP as a foreigner ).
Actional demands can be combined to the following:
- Amount of the reconstructive repair and extra charge ( the breakdown truck, expert, etc.)
- Interest money of refinancing rate by a.411 RA CC.
- Amount of damages because of non-feasance in interest uncovered part.
- The goods cost loss ( probably, the insurance won't compensate it, so this claim is laid apart from the demand for amount of the reconstructive repair to the tortfeasor ).
- Court costs ( state duty, lawyer service, etc )
- Moral harm compensation doesn't being paid off by RA law.
Question: My sister died. There is no will. She hasn't got any relative except me and her adult grandson living apart. Can I lay claim to legacy (sister's private flat)?
Reply: You are a second-rate heir. According to the law second-rate heirs are called to heirdom only in the absence of heir apparent or if they reject the heir ( a. 1215 CC ). According to the law the testator's ( your sister ) grandsons and great grandsons are heirs if by the heirdom opening time the parent who'll be the heir is not alive. So, your sister's grandson has the right to pretend to the legacy as a heir apparent.
Thus, your right on legacy arises in case of non-acceptance of the legacy by your decedent sister's grandson.
What must a RA citizen do if he is not celled up for military service?
The citizen must present himself by his own initiative at the military commissariat of his registered place of residence between ages of 18 and 27 to seek clarification for the reason of not being called up for military service. Inaction will be treated as avoidance of military service.
What should a citizen of the RA do if he has avoided the mandatory military service and is stikk under the age of 27 ?
The citizen must present himself at the military commissariat of his registered place of residence, so that the authorities can ascertain his suitability, or otherwise for military service. The military commissariat will call the citizen before a conscript commission. On the basis of the final decision of the this commission criminal prosecution initiated against the citizen for the letter’s avoidance of the mandatory military service is withdrawn in accordance with the order prescribed by the law and the citizen is conscripted to the Army.
What should a citizen of the RA do, if hi is of age 18 and does not have a passport?
The citizen must present himself for military registration at the military commissariat of the place of his registered residence (and if he does not have a registered residence then at the location of the commissariat nearest to his actual residence or at a diplomatic or consular office). Following military registration the citizen can receive a passport.
In which cases is the entry of foreigners into the territory of the RA forbidden?
Foreigners who do not have a passport, or who have arrived at the check point of the state border of the RA without a valid substitute to the passport, or have arrived with an invalid or false passport, or whose visa has been deemed null and, or who have not, or do not receive an entry permit are not allowed to enter the territory of the RA.
In what circumstances is an entry visa or visa extension refused? When is a foreigner’s visa identified as void, and he/she is prohibited from entering the territory of the RA?
The foreigner is rejected an entry visa (or extension of a visa), if:
a) he/she has been deported from the territory of the RA or the residence status has been rescinded and less than three (3) years have passed since the entry into force of the decision on his/her deportation or the rescinding of his/her residence status;
b) there is reliable evidence that he/she is pursuing activities or is participating in, organizing or being a member of an organization which is pursuing goals that are forbidden by the legislation of the RA;
c) he/she has provided false information about himself/herself in the application for the entry visa, or has not provided all necessary documents, or there is evidence that his/her entry or stay in the RA is for purposes other than stated in the application
How can a foreigner appeal against the refusal to grant him/her a residence permit?
With the exception of the ‘special status’ residence permit, a foreigner can appeal against the refusal to grant him/her a residence permit or to extend his/her residence permit in the courts.
In case of rejection, how much later can a foreigner re-apply again for a residence permit?
In case of rejection a foreigner can reapply for a residence permit after one year, as stated in the notice of rejection.
Is there a compulsory medical insurance in the Republiq of Armenia?
At the time of writing there is no legal obligation to purchase medical insurance in the RA. Medical insurance is undertaken on a voluntary basis with insurance companies.
What documents must be presented in order to acquire a passport?
In order to acquire a passport, citizens of Armenia should present the following documents:
a) a completed application from (in foreign countries the application from is provided by provided by diplomatic representations or consular institutions of the RA);
b) a birth certificate, for those individuals that have acquired the passport before the age of 16, or in case the RA citizen is unable to present the documents listed in this clause any other documents certifying identity;
c) two photographs of size 35x45 mm;
d) (for those individuals receiving passport that are under age of 16), the written agreement of the parent(s) or the legal representative of the parents signed at the moment of handing the application in. If the parent or the legal representative cannot be personally present to hand in his/her agreement, then his/her signature must be attested by a notary.
e) a military identity card or call-up card (for citizens liable for military service)
How can the passport of the citizen of the Armenian be recovered if it has been claimed as not valid in a foreign state or has been lost?
An RA citizen whose passport has been invalidated while being in a foreign state or who has lost his/her passport should apply to the diplomatic representation or consular institution of the RA in that foreign state in order to replace his/her passport.
In cases where there is no diplomatic representation or consular institution of the RA in that given state, he/she can apply to the diplomatic representation or consular institution of the RA that is situated in the nearest neighbouring country.
The company "Germany Business Association" expresses its sincere gratitude to the specialists of law firm "Your Jurisconsult" for qualified help and support in solving existing problems.Country Director Patrick Jung