Practical exercise 3
Task number 1
Vinokurov died in a car accident. Ivan´s sons took over the inheritance. Sberbank of Russia OJSC applied to the heirs with a demand to pay off the debt under the loan agreement and interest on the loan.
Valery and Ivan refused to make payment due to the fact that they did not know anything about the loan agreement concluded by their father, they incurred significant costs in connection with the death of their father, and as follows from the text of the loan agreement, the debtor´s obligation was secured by a surety.
The bank based its claims on Art. 1112, 1175 of the Civil Code of the Russian Federation. According to Art. 1112 of the Civil Code of the Russian Federation, the inheritance includes things that belonged to the testator on the day the inheritance was opened, other property, including property rights and obligations. Article 1175 of the Civil Code of the Russian Federation establishes that the heirs who have accepted the inheritance are responsible for the debts of the testator within the value of the inherited property transferred to them. The testator´s creditors have the right to present their claims to the heirs who have accepted the inheritance. Before accepting the inheritance, creditors´ claims may be presented to the inherited property.
Is it possible to collect credit debt in the event of the death of the debtor from the guarantor, if there are heirs of the debtor and inherited property? If there is no inheritance? If so, under what conditions and to what extent does the guarantor become liable? Justify the answer.
Task number 2
The wife of a famous artist shortly after his death drew up a will, according to which she left all her property to her husband´s nephew Ivanov, but at the same time obliged him to make monthly life payments in an amount not lower than the minimum monthly wage to her friend Osetrova, and in their house to organize a museum of the artist with a permanent an exhibition of his paintings. She died two years later.
Ivanov, having familiarized himself with the content of the will, also found out that the deceased had a significant debt on the loan and therefore decided to abandon the inheritance.
Osetrova, knowing the content of her friend´s will, turned to Ivanov for the payments stipulated in the will and demanded to urgently start organizing a museum in the artist´s house. Ivanov refused to fulfill her demands.
The deceased had no other heirs.
To whom should Osetrova apply for the execution of the will? Justify the answer with references to the norms of the law
Task number 3
The administration of the Oktyabrskaya Railway instructed a group of employees to prepare for publication the "Timetable for the movement of suburban trains from the stations of St. Petersburg".
The compiler of the train schedule from the Baltic station Fedorova turned to a lawyer for advice on whether the “Schedule” prepared for publication could be considered an object of copyright.
At the same time, Fedorova wondered whether copyright extended to a small brochure prepared by her, which outlined the basic rights and obligations of passengers using commuter transport. She doubts this, since the brochure was written on the basis of current legislation, and the copyright law states that the official documents to which the laws apply are not subject to copyright.
What clarification should be given on these issues? What are the legal requirements for the subject of copyright?
Task number 4
The Murmansk book publishing house signed an agreement with the author Burgomistrov to publish the monograph “The History of the Arctic”. The manuscript received positive reviews from reviewers. But at the same time, remarks were made, with which the author fully agreed and expressed a desire to introduce appropriate clarifications and additions to the manuscript. The publishing house gave the author four months to revise the manuscript. The author died unexpectedly. The pub
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