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Reimbursement of losses and penalty of forfeit
From official data, from year to year in Ukraine all grows creditor and debtor debt between enterprises. It means that the crisis of defaults touches all or almost all subjects of management. Absence of facilities can put an enterprise on the verge of bankruptcy.
How is it correct to define the inflicted damage, carry out their calculation, that a side that suffers as a result of wrong acts of contractor was able to get a just compensation? A correct and argued calculation caused damage will be useful, when a suffering side will apply in a court, as on her a judicial legislation lays a duty to prove the statements. On the other hand, such calculation will help to refute the groundless requirements of the unconscientious contractor her.
In the complex of services, as a rule, enters:
- Legal estimation of documents;
- Forming of legal position in business;
- Realization of calculation of losses and forfeit;
- Measures of pre-trial settlement of dispute;
- Preparation of package of documents for an appeal in a court;
- Presentation of interests of client during the judicial meeting;
- Preparation and presentation of solicitors, reviews, objections, statements;
- Realization of control after implementation of decisions and decisions of courts.
Our company is ready to give the wide choice of the rendered services from processing of judicial documents, to presentation of your side in judicial bodies, regardless of level of instance (trial appellate and appeal court), and also category of business complication. Also a company "Legal Solutions" has in the state of public accountants and skilled accountants, that will help to expect actual damages, and also sizes of loss of profit.
Indemnification of damages and penalty of sum of forfeit are determined as the most widespread variant of protection of rights for property and interests guarded by a legislation, that come true under the agreement, or law. Set through a law, or agreement forfeit, along with norms on indemnifications of damages give an opportunity to prevent violations of property rights and push slightly to implementation of the obligations.
The penalty of forfeit (fine, fine) does not give a right to the debtor to avoid implementation of basic obligation. This obligation continues to operate.
A forfeit can have a form of penalty approvals. On an item 549 Commercial Code of Ukraine under a fine a forfeit is implied that is taken into account in percent correlation from the sum of unperformed, or executed by the unproper character of bill of debt. Also a fine a forfeit that is taken into account in percent correlation from the sum of ill-timed execution of bills of debt every day is considered.
It is frequently, that the forfeit paid by a debtor does not recover the inflicted losses of creditor from violation by the second side of the obligations, or reverse situation, when a sum of forfeit is more actual damages in several times. In order that similar situations it was possible to avoid, there are a few types of forfeits.
Taking the proportions of forfeit and indemnification of losses into account, a law and practice determine 4 subtype of forfeits : test, penalty, exceptional, alternative.
Forfeit, as an instrument of guarantee of execution of obligations not always helps to attain desired. It is constrained with that rights for a creditor on a forfeit do not make warranty that a debtor has the opportunity to pay her. Therefore in agreements it is recommended besides forfeits to prescribe another ways in order that were met engagements.
The process of reimbursement of losses and penalty of forfeit consists of:
- Legal examination of documents;
- Preparations of claims and other documents of pre-trial settlement of spores;
- Preparations of points of claim in a court;
- representative Offices of interests in a court;
- Receipts of decision, order (executive document) of court and producing of him in executive branches.
Algorithm of actions of legal company "Legal Solutions" on reimbursement of losses and penalty of forfeit:
- Advising of client on questions of penalty of debt;
- Help to Client in the decision of order of actions in the process of penalty of debt;
- Pre-trial settlement of economic spores;
- Preparation of necessary documents;
- Judicial defence (including an appellate and appeal judicial instance);
- Representative office of interests at execution of court decision.
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