As is known, Article. 625 The Civil Code of Ukraine provides, what debtor, who overdue the payment of a monetary obligation, is obliged to pay the amount of the debt at the request of the creditor, taking into account the established inflation index, as well as 3% per annum from the overdue amount (unless another amount of interest is established by contract or law).
In practice, it happens somewhere like this: a foreclosure action is filed 500 thousand hryvnias, 50 thousand hryvnias of inflationary losses and 5 thousand hryvnias as 3% yearly (all monetary amounts are approximate). As a rule, inflationary losses and 3% per annum the plaintiff calculates as of the date of filing the claim (or to her).
But the court can consider the claim for six months, a year... During this time, too, it would be possible to count 3% annual and inflationary losses, but it is possible to increase the price of the claim only during the preparatory meeting (or before the start of the first court session, if the case is considered in the order of simplified legal proceedings), and not during the trial. And an idea arose: and what, if inflationary losses and 3% annual to declare for collection in an increased amount - "in advance" for several months? For example, as of the date of filing the claim, real inflationary losses amount to 50 thousand hryvnias, A 3% annual - and 5 thousand hryvnias. However, the plaintiff in the lawsuit doubles their amount, and declares for collection 100 thousand hryvnias of inflationary losses and 10 thousand hryvnias 3% yearly. And then the plaintiff regularly submits an updated calculation of the amount of the claim to the court (for example, on the date of each meeting, or every month, after the publication of the inflation index by the State Statistics Service).
Disadvantages of the scheme:
You will have to pay a slightly larger court fee;
It is necessary to write the court separately, why the calculation is exactly like this;
There is a risk that the claim will not be fully satisfied, and partly, because if the court considers the case quickly, then at the time of the decision the amount of inflationary losses and 3% annual fees will not "reach" those declared by the plaintiff;
If the defendant is a natural person and does not have an electronic office in the Unified Judicial Information Telecommunication System, the settlement of the claim will have to be sent by mail to the defendant every month.
Advantages of the scheme:
The plaintiff may receive more, sometimes much more.
I personally think so, that the plaintiff is not deprived of the opportunity to file a claim for recovery 3% annual and inflationary losses "with a reserve for the future", as it does not contradict the requirements of procedural codes. Such an opportunity is indirectly provided to the plaintiff and in view of the provisions of ch. 10 Article. 256 Central Committee of Ukraine (h. 10 Article. 238 Code of Criminal Procedure of Ukraine), according to which court, making a decision on debt collection, on which interest or interest is accrued, may specify in the decision on the accrual of the relevant interest or penalty until the moment of execution of the decision, taking into account the prescriptions of the legislation of Ukraine, governing such accrual. Only in contrast to this norm, which is difficult to implement (it will not be easy to induce the executor to charge interest), option with declaration of inflationary losses and 3% yearly "in advance, with a margin" has the right to life. Because if the court can charge interest from the date of the decision, then the plaintiff has the right to charge such interest from the date of the decision (or close to this date).
The Supreme Court has recently considered a deeds of marriage. Such cases infrequently reach the cassation instance, And in this case there was a feature: The complainant claimed, that she did not file a claim for divorce. Sometimes it happens, that the defendant does not know about the existence of a court case, But so that the plaintiff does not know about it is a rarity. Although it happens.
For example, In my practice was the case, in which the plaintiff did not even know about the existence of the trial initiated by her. So, to my client, The culprit of a small accident, A claim for damages and non -pecuniary damage has been filed. The claim was filed on behalf of the owner of another car, which was affected in an accident. The claim was justified and the amount of losses, and the size of moral harm, which was in the impossibility of plaintiffs to use the car regularly and use it in work. The interests of the plaintiff was represented by a lawyer.
But it turned out, that actually a car owned one young man (A relative of the plaintiff), which after an accident decided to "arrange a claim" on behalf of the plaintiff and earn a little. As a result, the court left the claim without consideration on the basis of a statement of the representative of the "plaintiff" (Although, in my opinion, It would be more correct to return the claim as such, that is signed by the person, who had no right to sign a claim).
As for the dissolution of the marriage without the knowledge of the plaintiff, it also had to hear some bearded stories about such cases. There is now an “action”, who can inform the person about, that such a person is a member of the court case. But not everyone has a “action”. Besides the "action" is possible failures. And is not excluded, that when submitting a claim will not be specified (or will be specified with an error) Rnokpp, to which “action” is tied. And often it turns out, that with the same name there are several different people. By the way, Once the court refused to open proceedings, with, According to the court received, The defendant died. And the defendant took and appeared in court for a ruling ... Sometimes.
Usually the judicial summary must deliver "UkrPoshta", but also for the quality of Ukrposhta's work there are many questions, and mailboxes are often destroyed or missing, and not always a person lives at that address, that is specified in the summons. And many people went abroad. So I am every customer (including. potential) I recommend at least once a month to go on The site of the authorities and check, Is there any court cases with respect to him.
In a court case, which the Supreme Court was reviewed and which I mentioned at the beginning of this post, The plaintiff claimed, what is she in July 2022 year to court with a claim for divorce did not apply. So, probably, It can happen so, that in absentia court decision from 14.12.2022 About the dissolution of marriage can be canceled (The case is assigned to July 2025 year). And torn by such a decision marriage will be considered valid. If it came out, that after a court decision, a man had already married a different marriage - then this man would be considered such, married at the same time. And this phenomenon in the legal system of Ukraine is not welcome at all. And if this man was also an official or politician, this situation could do great harm to his reputation.
But something tells me, What is in the case, reviewed by the Supreme Court, the situation is woefully different. After all, the rather unique surname and first name of the husband-respondent in this case are mentioned on the Internet, V Books of memory among Ukrainian soldiers, who died in February 2023 year... As you know, close family members of a fallen soldier can receive 15 million in one-time cash assistance. And if the marriage is broken – the ex-wife will not receive such assistance.
Think, fellow lawyers will agree, that even despite the legal simplicity of divorce cases, Advocates should be carefully designed their relationship with customers as carefully as possible, who want to break marriage. Especially, If the customer is abroad. Who knows – can, After the marriage is dissolved, the plaintiff will change his mind, After all 15 millions of hryvnias.
Apparently, this is because, what, in the words of Jean B. Colbert (French Finance Minister of 1665 year), taxation – pluck the goose is an art so, To get the most feathers with the minimum squeak.
It would: does it matter, that for the font used in the document? And in fact there are many factors, affected fonts: this light / heavy readability, and overall visual perception of the document, and the number of sheets, and even the amount being spent toner. But this is not all, which should be considered when choosing a font.
Canadian businessman accused of forgery of property. Cheating discovered because, that the defendant used in documents, supposedly dating from the middle of the 1990s, Fonts, which appeared only in the early 2000s. This portal tells Ars Technica.
reportedly, we are talking about documents, which used fonts Calibri and Cambria. These fonts were developed in 2004 year, but is not widely used in Windows to 2007 year: Then with the release of Vista font Calibri replaced the standard Times New Roman font in a Microsoft Office.
With false papers trying to prove businessman, that the property, the Court had to remove it for payment of debts of the bankrupt company, owned by his wife and children, but it, therefore can not be deducted to cover debt.
Documents, are used as evidence of defendant, dating back to 1995 and 2004 years, but their text was printed font Calibri and Cambria - this is cheating and issued.
As a result of careless entrepreneurs still have to pay $6,5 million to creditors or to get rid of real estate. in addition, Now it also will have to answer before the law for forgery.
Therefore, think carefully about the choice of font in your next document 😉
Lawyer – this is, who writes on paper 10000 words and name it “brief”
Some practicing lawyers are committed procedural documents hiperlakonichnosti. Others, on the contrary: knowing, in each instance, the court may in some doubt (and what your rights are violated? And whether the chosen method of protecting the rights norms CC? And you just select the right jurisdiction?) is trying to predict everything in advance to write a procedural document. Someone else statement to the seriousness nashpyhuye many items of legislation, which, perhaps, and far from the situation – but definitely have to impress a client. Everyone has their own approach. pithiness, some say lawyers, although the sister of talent, but stepmother fee.
Personally, I've been working on the elaboration friendly, and, hope, clear and legal epistolary style and visual design materials, customers who prepare or sues. Therefore, all interested, concerning this topic. At the time, few useful tips found in the book “write, reduces”, However, the legal style has its own nuances.
And recently came across the author's blog lawyer Stanislav Kunyanskoho “Right out of water and mud”. Extremely successful recommendations practicing lawyer, which sometimes run counter to the settled patterns – but definitely with the times and the demands of today. Some are used in their activities.
Satirical series "Fashion marriage" William Hogarth was the first in England, that ridicules the manners of high society. It shows the history of marriage and subsequent family life son of an impoverished nobleman and wealthy merchant's daughter. In all six scenes clearly worked out the figures of characters and elaborate interior. At that time, fashionable marriages were very common among impoverished aristocrats, who wanted to get close to the rich bourgeoisie, This was the inspiration for Hogarth. In this series, the artist makes fun situation, which were people from immoral society, as heroes paintings evoke the viewer rather pity, than ridicule. Based on a series of further Hogarth created a series of prints. The real series has been evaluated only in the XX century. Now all six paintings from the series are in the National Gallery in London.
1. marriage contract. 1743-45 The Marriage Contract
"The marriage contract" – The first episode of series, which shows the signing of the marriage contract. remarkable, that the couple did not look at each other: bride admires her reflection in the mirror, bride flirting with another guy, attorney named Silvertonh. Father Earl Skvander groom holding a scroll depicting the family tree, and the father of the bride – marriage contract. Parents of the couple are more interested in the marriage of children, than themselves. Through marriage, the family of the groom avoid financial collapse, and the family of the bride buy bonds in high society. In the film there are a few characters. This dog, constrained by a chain and represent described marriage and paintings on the walls ("David and Goliath", "Martyrdom of St.. Lawrence ", "The murder of Abel", "St.. Sebastian", "Judith and Holofernes"), which portend the sad end of this plan.
2. Soon after the wedding. 1743-45 Shortly After the Marriage
The second episode describes a morning in the life of the couple. Clocks on the wall show 1:20. Wife energetic and happy, From what we can conclude, she only got, and the man, according to the suit and hat, all night spent away from home. From his pocket sticking ladies cap, who became interested in dog, but he did not even notice. At the feet of man lying broken sword. Maybe, This hint of his impotence. From the control room goes estate, holding a unpaid bills and only one paid. Disorder in the room suggests holiday, which continued recently. There is a picture on the wall, depicting Cupid among the ruins. Cupid playing the bagpipes, but he has no arrows. This represents a failed marriage. Countess spent the evening playing cards. At her feet is Edmond Hoyle book (Edmond Hoyle) to whist, and a little more scattered deck of cards. Unlike her husband, she cheerful and potyahuyetsya. Sitting in it being not feminine pose with legs wide apart. At skirts Countess seen large wet spot. Half-closed eyes, it looks as if the right and using a handheld mirror gives a signal to someone, who is outside the picture. On the wall in the back room hang portraits of three apostles and one picture, probably, so obscene, its green curtain closed, through which can be seen only naked foot.
3. Visit to the quack. 1743-45 The Visit to the Quack Doctor
The action takes place in the third episode room doctor-charlatan named de la Pill. Dr. Viscount visited with mistress, standing right of it, which is still very young, and her mother. Judging by the black spot on the neck, Viscount sick venereal disease. Doctor advised to take Viscount mercury pills, were considered at the time of treatment for venereal disease. Apparently, pills had no effect, and therefore everyone from Dr. require treatment other way. Box of pills holding Doctor and girl, Another box is in a chair Viscount. Viscount raised his cane threateningly, and estimated the mother holding a knife.
4. Boudoir Countess. 1743-45 The Countess’s Morning Levee
"Boudoir Countess" describes Countess morning toilet, during which it hosts and flirting with her lover – thereby Silvertonhom, with whom she flirted on the first picture. they, a lawyer freely settled on the couch, talks about his special position among the guests. It shows the Countess invitation for masquerade ball. Behind the lady stands hairdresser Skvander, checks the temperature curlers on paper. Countess sits left of her friend, captured opera singer. Opera singer sings to the accompaniment of flute. These two gentlemen are listening, one of them has not gone out of sleepiness and brings to his lips a cup of hot chocolate, and the other pretends, if the singer listens and tries to conduct. They were portly gentleman sitting, which began to snore with your mouth open. He could not stand boredom, reigning in this technique. Judging by the stack, he holds, This rustic Squire. Since the wedding took place some time, artist emphasizes this with two parts. The mirror on the table and a bed topped with a crown, which means, father dead man, and he became a man count. On the back of the chair Countess red ribbon hanging from coral dummy, hints, that the countess was the mother. Maybe, Nanny has brought the child for a morning kiss and forgot nipple. countess, Being the daughter of a merchant, became aristocrat, trying to replicate the ritual of "morning release of the King" (fr. Sunrise king), that practiced at the French court. It consisted of "small release" (small lift), when senior officials informed King latest news, and "high yield" (big lift) – more open reception, where King drank chocolate, it dressed and put on his wig. The painting shows, how happy lady Skvander something like "high yield". It morning dress, and kneeling clock, showing two o'clock. When the barber finished his job, countess, probably, clothe original dress and go put Visits. This is evidenced by many invitations, lying under a chair that one of the musicians. Some invitations written on the back of playing cards. Thus, the artist shows, that card games were common pastime surrounded Countess. Probably, the full Singer, shown in the bottom left corner of the picture, – castrate. He is wearing a suit too lavish, ear – earring, all fingers wearing rings, tie pin with diamonds, a buckle on the pants and shoes and diamond encrusted. Slim flute comical contrast to the thick singer, whose silk vest barely holding back his full body. On the floor near the Countess things are, bought it at auction. Among them have not been able to remove the number plates. Servant – African boy in the Indian turban shown in the figure with antlers – symbol deceived husband. This statue depicts Actaeon, Artemis is transformed into a deer for, he saw her naked while swimming. After that Actaeon was torn by own dogs. In the basket along with the statuette is a tray, which has the, copulate like Leda and the swan. This erotic story chosen by chance Hogarth. He hints at prohibitive fun and infidelity in marriage, After all, Leda, and Zeus, turned into a swan, betrayed their wives. At the feet of attorney artist placed a book, where you can see the name «Le Sopha». It's scandalous novel "Sofa" by French writer Claude Krebiyon, written in the early 1740's. and soon translated into English. It tells of a man, Brahma punished, that was the sofa in the next life. So protagonist witnessed the affair, that took place rather than out of passion, and boredom. The book was written in elegant language, which allowed the imagination to roam, which quickly made it popular. The painting contains many hints of trouble, that is looming.
5. Duel and Death Count. 1743-45 The Death of the Earl
The action unfolds in the fifth episode Bahnio (house, where you can rent a room). Judging by the costumes and masks, lying on the floor, Countess returned from a lawyer and masquerade and removed the room, where there was a betrayal of her husband. Graph, that followed them, entered the room and found them. It was decided to find out all through the duel with swords. During the duel Count fatally wounded. His rival ran to the window, the owner ran into the room and the guard Bahnio. At this point, the countess kneeling man and asks for forgiveness. On the wall hang pictures of "court of Solomon" and a portrait of a courtesan.
6. Death Countess. 1743-45. The Suicide of the Countess
Last episode describes death of the Countess. After reading a newspaper, which is lying at her feet, that Silvertonh executed, Countess takes deadly poison. It teaches daughter to farewell. On the face of the daughter of scab black spot – sign of syphilis, inherited from her father, In addition, it limps on one leg. So the artist highlights, that the offspring of this family is unlikely to survive. Since the couple has no children male, lost title. Father Countess takes her hand wedding ring, little away doctor talking to a minister and accused him in acquiring poisons. On the walls hang paintings of Flemish artists, describing the life of the lower classes. Dog food reaches the table.
