Civil Law Practice

  1. Сases of recognition of property rights of inheritance
  2. Collecting funds for debt instruments, receipts
  3. Debate on the establishment of the order of tenure
  4. The case of the easement in respect of real estate
  5. Labor disputes for reinstatement
  6. The case of consumer protection
  7. The protection of honor, dignity and business reputation
A receipt, as a debt document, subject to compulsory requisites, is a guaranteed basis for obtaining a court decision to recover money from the debtor. It is important to correctly calculate all losses, penalties for non-fulfillment of the monetary obligation. People often mistakenly believe that the given receipt without the presence of witnesses is invalid. An attorney in the issue of debt repayment will take into account the currency of the loan provided for the purpose of correctly calculating penalties. Legislation establishes a general limitation period of 3 years for claims for repayment of a debt and a truncated time limit for the imposition of penalties. When applying for the qualified assistance of a lawyer, in the future civil litigation on recovering the debt on receipt, we offer to compensate not only the losses and penalties, but also the legal costs incurred by the client. With the correct calculation and confirmation of evidence, the total amount of the demand for repayment of debt can be twice as much as the debt itself. Then the opponent will decide to repay the debt and conclude an amicable agreement, assessing their prospects.

To the lawyer in the sphere of hereditary cases, most often they are treated with questions of recognition of the property right to inheritance, restoration of the time limit for accepting the inheritance and appealing against the wills. Respectful reasons for missing the deadline for the acceptance of the inheritance are considered to be the reasons, are related to objective, insurmountable and significant difficulties for the commission of actions to appeal to the notary. The lawyer at the decision of hereditary affairs will help in a situation when the originals of documents necessary for registration of the certificate on the right to the inheritance, are at other successors. Which, in turn, do not deliberately provide them to a notary. When applying to a court with a requirement to recognize a will as invalid, formal grounds can be applied (violation by the secretary of the village council of requirements for the text of the will, not entering into the register, violation of the secrecy of the certificate, etc.), and the grounds for not checking the testator’s legal capacity disease, not the awareness of the significance of their actions, the use of strong drug drugs, etc.).

In housing disputes, there are everyday situations when heirs received shares in hereditary property, but the agreement on joint use of the apartment did not reach. One of the co-owners can use the apartment alone or rent it out, others do not benefit from this situation. In practice, this issue is resolved by claims for the removal of obstacles to the use of property, with the construction-technical ability to allocate a stake in kind. If the other share of the co-owner is of little value, it is possible to raise the issue of compensation for its value and to recognize the right to this part in its favor. For entrepreneurs it is common practice to establish easements in respect of immovable commercial property. The law provides an opportunity for a civilized solution to the issue of sharing corridors, common communication networks, and individual technical premises. In matters of the removal of a person from the registration record (propiska), in connection with the actual non-residence in housing, the compulsory condition is the drawing up of relevant acts. The form and content of the acts are not settled, and not timely application for a lawyer can significantly delay the resolution of the case in time.

In connection with the development of communication tools on the Internet (Facebook, YouTube, etc.), media spaces – questions of protection of honor and dignity become more frequent. We know from practice how to assess the damage to business reputation and human dignity in monetary terms. And most importantly, how to act and to whom to make demands – to the person who published the information (the site owner), or to its author. It is important to know that negative information about a person is considered unreliable if the person who distributed it does not prove otherwise (presumption of good faith). That is, not a person should “bleach” his honor, but one who has spread to prove that such a person has really violated the law, the principles of morality, leads an immoral or unethical way of life.

The peculiarity of labor disputes is the correct delineation of labor relations, from civil law and corporate. After all, the head (director) of an enterprise may be dismissed in the order of the Labor Code or withdrawn from office by decision of the founders of a legal entity. Given the ambiguity of the criteria for the implementation of lustration, in pursuance of the law on the purification of power and the admission of obvious violations by ministries and departments, we focus on the possibility of declaring demands for reinstatement and compensation for earnings during forced absenteeism. The issue of reinstating an illegally dismissed employee at work is mainly related to the cases of passing a state or public service.