Agreement with an apartment for compensation for damage. Sample of the settlement agreement during the flooding of the apartment. Benefits of a peaceful conflict resolution
Apartments Bay - the situation is very unpleasant in itself, not to mention the problems that may arise when compensation from the culprit. In this regard, much less troublesome will be the solution to the issue of peaceful way, without filing the claim to the court. As practice shows, this method of resolving the dispute in many cases is more effective than litigation. Indeed, sometimes for a peaceful conflict solution, it is enough to write a regular claim - if the requirements are really reasonable, the guilty side simply will not make sense to bring the case to the court, since the chances of his winnings will be minimal, and the financial costs will go much more.
How can the disputes on flooding without appealing to the court and what are such documents as an agreement on damages and receipt of cash transmission? We will try to answer these questions in this article.
Benefits of a peaceful conflict resolution
Peaceful resolution of the dispute at the bay of the apartment has several advantages over the lawsuit, namely:
- Cost of financial resources. Judicial costs are very expensive pleasure for a private citizen, in particular, in addition to paying state fees, it may be necessary to conduct an examination for assessing the cost of affected property, etc. In the case of a positive outcome of the case, all costs will be compensated by the defendant, however, firstly, the court still needs to win, and, secondly, in the event of flooding, it is often necessary to implement it in urgent and money here and now.
- Saving time. According to Art. 154 Code of Civil Procedure of the Russian Federation The term of consideration of a judicial dispute about flooding can reach two months. If you add all sorts of appeals, cassation and other judicial volumes, the process may well stretch in half.
- Preservation of normal relations between the culprit and the victim. With a peaceful embodiment, both sides come to a mutual agreement and, as a rule, do not have complaints about each other in the future. Litigation, on the contrary, only strengthen mutual hostility between the plaintiff and the defendant.
The procedure for a peaceful resolution of the conflict
In order to settle all issues in peaceful way, it is necessary to notify the culprit about the fact of the bay as soon as possible after the incident. After that, to demonstrate to him the specific place of leakage, from which water comes from the premises of the culprit to the victim, as well as the affected property. If the culprit of flooding is a hob or another legal entity, then you need to write a statement about the bay in which the situation described in detail. At the same time, it is not necessary to neglect the compilation of an act of flooding, since in the event that the question will not be able to delay, this document will be fundamental when considering the case in court.
If the culprit refuses to recognize his involvement in the bay of the apartment and does not want to reimburse the damage to the damage voluntarily, it makes sense to conduct an independent assessment of damaged property. This action needs to be warned by the guilty side, and even better invite it to press it with an inspection with the help of a custom letter with a receipt notice.
On the one hand, it can help convince the culprit in the appropriateness of the pre-trial settlement of the conflict. If the consensus is not found, this expertise with photographs of damage and inspection act will play an important role in court. And the refusal of the guilty side to the proposal to be present during the inspection will further aggravate the situation, since such behavior will be construed as the correspondent consent of the defendant with the results of expertise.
Damage reimbursement agreement
One of the most common methods of peaceful settlement of disputes is an agreement on damages at the bay of the apartment. In this document, you must reflect the following information:
- date, time and place of flooding, as well as its reasons;
- list of affected property. This list should be described in the most detailed as possible, indicating specific damage. If there is a lot of such property, the optimal solution will be the registration of the list in the form of an application to the agreement (it is additionally signed by both parties);
- the total cost of the affected property;
- the date of conclusion of the agreement and signatures of the parties.
The main goal of such an agreement is to take the responsibility of responsibilities to voluntarily compensate for the damage caused as a result of flooding. In order to avoid misunderstanding and mutual claims, it is recommended to initially agree on the period during which the damage incurred by them suffered.
Sample such an agreement can be downloaded by reference
Such a document will be legally binding even without notarization. However, if it is planned that damage compensation will be long-term, it is better to assure a notarial treaty. In this case, in violation of the culprit of the order of payments or to refive to comply with the agreement signed by him, the victim does not have to go to court, but it will be enough to refer to the notary for the executive inscription. Such an inscription will allow you to recover funds forced through bailiffs, bypassing the trial.
Cash transfer receipt
If the culprit of flooding is ready to compensate for the damage at once, then the prerequisite will be the design of the receipt confirming the calculation of the calculation between the parties. It is necessary in order for the victim after receiving the money was not able to re-put the requirements for damages.
This document will also be legally binding, and in case of non-fulfillment of the obligations specified in it, its (as well as the Agreement) can be used as proof in the trial (in accordance with Art. 71 Code of Civil Procedure of the Russian Federation).
The receipt itself is compiled by a person receiving compensation, and can be written in an arbitrary form, the only requirement when drawing up - specify the following information:
- FIO of the victim and the guilty side, if desired, you can specify passport data;
- the total amount of payment of compensation (figures and in words, if the amounts in both writing options do not coincide, then the priority has the option that is designated in words) with an indication of the currency in which the payment was made;
- the reason for which harm compensation was carried out (in this case, the flooding of the apartment, moral harm, etc.);
- an indication of the lack of failed claims (in case there is a chance of manifestation of any hidden defects and the effects of the bay, which could not be identified at the time of the preparation of the document, it is necessary to clarify that claims are not available on the fact of compensation for visible losses);
- the date of the preparation and painting of the person who undertakes to reimburse the damage.
When the receipt is designing, the presence of witnesses (they, accordingly, will confirm this fact as painting). The compiled document should be kept by the person who paid compensation for at least 3 years (according to the law on limitation).
Your happiness, if you manage to settle the issues of damage to the neighbors in pretrial order. Otherwise, you will have to be in the mantle and a lawyer's wig, if you, of course, are going to independently collect damage inflicted. However, those who have expensive expenses expensive and recovery by telephone damage. To create an evidence document, which will insure you from the risk of non-payment of compensation, you need the established reason and the amount of damage, for this you will need a number of documents that we will talk about.
Factors allowing to conclude an agreement
So you have:
You only have to conclude an agreement on voluntary damage from flooding, believe me, this agreement will insure you from a huge amount of risks. Agreement on damages caused to the apartment, it is also called treaty on damages from the bay, in which the timing and volume of payments are recorded, as well as the rationale for these payments (act, report). When discussing the terms of payments, we recommend that you go to the meeting to the culprit and agree on installments of payment, as described below in our sample.
Why is it important to evaluate
In our practice, there were many cases when the culprit of flooding, after the first payment, refused to continue to pay compensation, naturally, no documents confirming the amount of damage was not .. there was only written in two lines of an act of a management company and several photos (at best) incurred Damage. As a result, we had to abandon such customers, because Assessing photographs of one-year limit and the wrongdoing act of the management company is not possible. If you have an assessment report, in case of non-payment, you can apply to court and recover the entire amount.
Instruct yourself from non-payment, order an assessment report and conclude an agreement
Sample Agreement on damages from the flooding of an apartment
You can also download a sample in Word format by reference:
AGREEMENT
on voluntary compensation for damage caused by the bay
moscow "1" May 2017
Peter Ivanovich Sergeev, the owner of Apartments No. 899 and Clara Nikolaevna Novikova, the owner of the apartment No. 879, concluded this agreement on the following:
- Subject of Agreement
1.1. The agreement is concluded on the basis of:
1.1.1 Article 1064 of the Civil Code of the Russian Federation
1.1.2 Act of the inspection of the management company "Zhilinsk" from 25.12.2016 (Appendix No. 2)
1.2. Under this Agreement, the owner of the apartment No. 899 undertakes to voluntarily compensate the damage, which is 19.12.2016 with the bay of the apartment, according to the act of an inspection act of the Zhilinsk company, dated 25.12.2016, located at Moscow, St. Balikopodshipnikovskaya 23/11, square. 879 in the amount of 213,000 (two hundred thirteen thousand rubles) rubles, according to the evaluation report of the right claim for damages No. 768 dated April 23, 2017, the site appraisal company.
- Problems of damage
2.1. The owner of the apartment number 899 compensates damage from flooding in the amount of 213,000 (two hundred thirteen thousand) rubles.
2.2. Payment timing:
- the first contribution of 73,000 (seventy-three thousand) rubles to be paid to the "1" June 2017;
- a second installment of 70,000 (seventy thousand) rubles to be paid to the "1" August 2017;
- the third contribution of 70,000 (seventy thousand) rubles is subject to payment to October 1, 2017;
2.3. Calculations between tenants can be carried out in cash and non-cash.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The owner of the apartment number 879 is obliged to:
a) give a receipt of receipt of funds in compensation for damage from flooding (see Appendix 1);
3.2. The owner of the apartment number 899 is obliged:
a) pay the full amount of compensation on the time and scope indicated in this agreement;
b) take measures to prevent repeated flooding.
- Entry into force, term and action of the agreement
4.1. The agreement comes into force from the moment of the conclusion and is valid until the parties fulfill its obligations.
4.2. The agreement is terminated in the case of:
- full compensation for damage from the bay, in the size specified in this agreement;
- termination of the agreement on the decision of the judiciary;
- death responsible person.
- Other conditions
5.1. Disputes arising in the process of fulfilling obligations under this Agreement are resolved through negotiations of the parties. If it is impossible to achieve agreement on controversial issues, their decision is transferred to the court in the manner prescribed by the legislation of the Russian Federation.
5.2. On issues not regulated by this Agreement, the parties are guided by the current legislation.
- Addresses, details and signatures of the parties
Owner of the apartment number 899: apartment owner №879:
Appendix No. 1.
Receipt of money (compensation) for damage
I, Clara Nikolaevna Novikova, ___________ G.R., (passport series ___________, issued __________ _______________________________________________________________________________________________________________________________________, registered The address ____________________________) The monetary amount in the amount of __________ (__________________) rubles in compensation for damage caused by the bay, in accordance with the agreement of May 01, 2017.
Answers of Lawyers (5)
The agreement can be made in arbitrary form. Then be sure to make a separate document (act, receipt) that according to this agreement, they received money from you and do not have complaints.
Have a question for a lawyer?
According to the judicial position. In particular, the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 03/22/2011 N 13903/10, the notice of the world agreement on the need to fulfill any additional obligations this means the agreement of the parties on the complete termination of civil-legal conflict and entails the loss of the right of the parties to nominate new requirements (Estoppel) arising from both the main obligations and from the additional obligations in relation to the main obligations.
The world agreement is drawn up if the court is, and so you can make a receipt in the presence of 2 witnesses (neighbors, not relatives, passport data is required) ... I am Petrov Petr Petrovich (the owner of the apartment number, at the address), passport details report that the damage caused by a citizen That (passport data), eliminated in full, the work was carried out properly and appropriate quality. I do not have anything ... I don't have any checks ... Checks do not throw at construction materials purchased for repair
I advise you to apply to the expert organization, which will assess the damage caused by flooding. According to this assessment, you will pay the cost of damage. Naturally, do not forget about the receipt. This will help you in the future to avoid a judicial dispute about the amount of damage.
Greetings. They should go to court, and then let them make up a settlement agreement, you will adjust its conditions if you do not agree with anything, and then it will be approved by the court. If you ourselves compose, then it is drawn up in an arbitrary form, indicating what actions need to be implemented as a debtor in pursuance of this agreement.
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determination of the approval of the settlement agreement on damages caused by the bay of the apartment
O PREME
kiselevsk City "31" March 2011
Kiselevsky City Court of the Kemerovo Region
the presiding judge - Simonova S.A.,
with the participation of the representative of the plaintiff Satunes N.V. - Satune, Yu.N.,
the defendant - Buretekova ON,
representative of the respondent - lawyer of the Kiselev Board of Lawyers No. 1 of Kiselevsk - Andryukhina L.I.,
representative of the third party LLC "House SK Plus" - Gavrilova E.P.,
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when secretary - Gogol O.A.,
examined in open court a civil case
according to the suit: Satune N.V. To Benetekova O.N. On compensation for damage caused by the flooding of the apartment,
s T A N O V I L:
Satune N.V. appealed to the court with a claim to Benetekova O.N. On reimbursement of damage caused by the flooding of the apartment.
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Claims are motivated by the fact that on the basis of a certificate of inheritance on the law issued by the notary of the Kiselevsky Real District of the Kemerovo Region DD.MM.YYYY, he is the owner of an apartment located at the address: Kemerovo Region, Kiselevsk,<адрес>. The apartment is located on the third floor of a five-story brick residential building. July 30, 2009 in the apartment of the defendant living the floor above, on his own, on its own, the plumbing was made on its own forces (a change in sewage pipes, hot and cold water pipes), as a result of which cold water leakage occurred in the bathroom and flooded the plaintiff's apartment. As a result of flooding, damage was caused by a residential premises - floorboards swell in the corridor, the paint was smelled, the wet was plaster, the wiring was injured, the inlet door was sweeping and twisted. In the kitchen, the flooring was deformed from the fiberboard, the paint flew out of the sex rack, the plaster wedroke and moved the wallpaper. A divorce appeared on the ceiling of the residential room, the genital rack was deformed and dug out, the wallpaper was wedged and the wallpaper was dugged, the flooded furniture was deformed, a sexual coating of fiberboard was deformed. According to the report No. 270/10 to determine the market value of repair and restoration work in the apartment of the plaintiff, material damage due to the bay of the apartment amounted to<данные изъяты> ruble.
Requests to recover from Beanekova ON material damage<данные изъяты> Ruble, caused by flooding of an apartment located at: Kiselevsk City<адрес>. In addition, to recover from Beanekekov O.N. In his favor, the paid state duty in the amount of<данные изъяты> rubles paid amount in the amount of<данные изъяты> rubles in LLC PRAYS - SERVICE for the examination to determine the market value of repair and restoration work in the apartment located in the city of Kiselevsk<адрес>. To recover from the defendant in his favor the paid state fee in the amount of<данные изъяты> rubles for obtaining information from the Office of the Federal Registration Service for the Kemerovo Region Kiselevsky Division about the owner of the apartment number 73 at the city of Kiselevsk,<адрес> as well as legal expenses, for drawing up a claim in the amount of<данные изъяты> rubles.
At the hearing, the parties came to the settlement agreement, according to the terms of which the representative of the plaintiff Satunekina N.V., - Satunekina Yu.N., operating on the basis of the power of attorney of ownership of the parties in the process, reduces the stated claims with<данные изъяты> RUB TO.<данные изъяты> rubles. In sum<данные изъяты> rubles paid by the defendant Berenetov ON The plaintiff Satunkina N.V., Book in the amount of money in the amount of<данные изъяты> <данные изъяты> <данные изъяты> rubles, in total -<данные изъяты> <данные изъяты> rubles. The proceedings are asked to stop. There are no other material claims to each other. Representative of the plaintiff Satunekina Yu.N. From the claimed claims refused.
The text of the global agreement, signed by the parties, is attached to the case file. Parties explained the consequences of the conclusion of the settlement agreement and the termination of the proceedings under the case provided for by Art. 221 Code of Civil Procedure of the Russian Federation, namely, the re-appeal to the court on the dispute between the same parties, the same subject and on the same basis is not allowed. The court, after hearing the opinion of the participants in the process, having studied the case file, considers it possible to approve the said global agreement, since it does not contradict the law, does not violate the rights and legitimate interests of others.
Based on the aforesaid and guided by Article. Art. 39, 173, 220, 224, 225 Code of Civil Procedure of the Russian Federation, court
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o PRE D E L and L:
Approve the settlement agreement concluded between the representative of the plaintiff Satunekina N.V. - Satune Yu.N. and defendant Berenetov ON By the terms of which:
representative of the plaintiff Satunen N.V. - Satunekina Yu.N. Reduces the claimed claims with<данные изъяты> RUB TO.<данные изъяты> rubles. In sum<данные изъяты> rubles paid by the defendant Berenetov ON The plaintiff Satunkina N.V. Check out the amount of money in the amount of<данные изъяты> rubles. Total defendant Beanekes O.N. He undertakes to pay in favor of the plaintiff Satunekina N.V. Monetary sum in size -<данные изъяты> Ruble on the expense of damage caused by the flooding of the apartment, court costs in the amount<данные изъяты> rubles, total in total -<данные изъяты> rubles, which is obliged to pay in favor of the plaintiff within one year six months, the amount of payment monthly is not less<данные изъяты> rubles.
There are no other material claims to each other.
The production of this case is to discontinue, in connection with the statement of the settlement agreement.
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A private complaint to the Kemerovo Regional Court can be filed for a definition for ten days from the date of its submission.
Sample of the settlement agreement
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The global agreement is a document confirming the consent of the parties to the termination of court proceedings and the peaceful settlement of the dispute. During the proceedings, the judge necessarily finds the likelihood of the conclusion of such a document. In the case of the consent of the parties, the court makes an appropriate decision. Compliance with the norms of the law during the preparation of the text of the settlement agreement, also controls the court.
Types of agreements
The settlement agreement may be written or oral. If the parties did not have time, before the start of the court hearing, prepare the text of the document, but they are confident in their intentions, then should not be desirable. This can be done during a court hearing. Such an extension of the parties is subject to fixation in the minutes of the court meeting and is fastened by the signatures of the Parties.
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The global agreement must contain the following mandatory provisions:
- the name of the judicial authority, which is engaged in consideration of the case;
- requisites of the claim;
- list of participants in the process or their representatives;
- the list of claims claims;
- deadlines for making a decision on this claim;
- court costs, as well as ways of their distribution between the parties to the process;
- the petition of the parties on the adoption by the Justice of the World Agreement, as well as the completion of production in this case.
After the adoption and approval by the court of this agreement, it immediately acquires legal force, and accordingly is subject to urgent implementation. The signing of the document helps the parties save time and costs for long-term trials. The plaintiff in this case will receive back the amount spent on the payment of the state duty when applying for a claim. However, this rule does not apply to the conclusion of this agreement at the stage of execution of the Act issued by the Arbitration Court.
By signing this document, the parties of the case should clearly understand its legal nature and the consequences of such actions. The legal importance of the settlement agreement lies in the fact that such a document, the parties of the trial, indicate the termination of the dispute regarding a certain situation. Therefore, regarding this dispute, the parties will not be able to re-present a claim.
Sample of the settlement agreement
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which acts according to the power of attorney issued ______________________________ at number _______- one party, as well as a citizen _______________________________________________, then referred to as (full name *)
"Plaintiff", on behalf of which the representative acts _____________________________, acting in accordance with the power of attorney, certified by the city's notary _________________________________________,
(on the basis of a license at number ______, issued "__" ___________ ____),
registration entry "__" __________ ____ at number. ___________ - the other side (together here as parties according to the claim under the number ___________, came to a joint decision to conclude this agreement.
World Agreement to provide the following conditions:
1. This document is signed by the parties according to the norms of Art. 39, 173 Code of Civil Procedure of the Russian Federation, as well as guided by the norms of Art. 101 Code of Civil Procedure of the Russian Federation in order to resolve the dispute over the mutual will of both parties, which entailed the presentation of this claim.
2. According to the conditions of this global agreement, the defendant assumes the obligation to partially satisfy the requirements of the plaintiff, stipulated in the claim № _______ from "______" ______________ (_______________________________________________________) rub.
(The size of the requirements of capital letters)
3. By this world agreement, the plaintiff confirms its full refusal of the requirements of the material and legal claims previously declared to the defendant, which make up the subject of the specified claim.
4. The amount of debt, according to paragraph 2 of this Agreement, is subject to the plaintiff within _________ in cash form of the calculation at the following address:
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Based on the judicial definition prepared according to the norms of legislation and approving this agreement, which is imposed by the plaintiff.
5. Cost of claim, lawyer services, and other related costs incurred by the parties are not reimbursed.
Statement of World Agreement
_________________ "__" ___________ ____
Based on the norms of existing procedural legislation, we appeal to the court with the following:
- We, the case in case № _________, the subject _________, pleases the court to accept to consideration and approve this global agreement.
- Terminate the judicial proceedings in case No. ____________ as a claim ________ О ____________.
- The parties are familiar with the consequences related to the termination of the court proceedings in this case related to the signing of the global agreement. Text Art. 221 Code of Civil Procedure of the Russian Federation Parties are explained and understandable.
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Sample of the world agreement in civil case
According to the World Agreement it is understood as the desire of the parties to terminate the judicial dispute by mutual agreement. By signing the settlement agreement, the parties may reflect the procedure for paying court costs, as well as the payment of expenses related to the provision of legal assistance, paying duties, etc.
The settlement agreement can take effect not only during the trial, but also at other stages, in the case of the case of the case of the court of cassation instance, at the stage of execution of a court decision.
In some cases, the global mistake agreement is identified with the pre-trial settlement of the dispute. The settlement agreement is a judicial document endowed with legal force.
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The judge has the opportunity to offer the parties at the preparation of the case for a trial to conclude a settlement agreement.
The supervisory authority, in this case, is the court, because it is he who will argue the settlement agreement, if it does not contradict the current legislation or violate the interests of others.
The settlement agreement can be concluded in orally, then at the court session in the protocol reflects the desire of the parties and they leave their signatures in it. In the event of a global agreement in writing, it is attached to the case.
The court approves the settlement agreement and makes a definition of the termination of the proceedings in which the settlement agreement is concluded.
The global agreement includes the following items:
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- the name of the court in which the case is listened;
- name and props of the claim;
- persons participating in the case or their representatives;
- the claims of the plaintiff and the requirements of the counterclaim, in the event that it is presented;
- a list of requirements that coordinate the parties;
- a list of actions to execute the plaintiff, defendant and third parties, and their deadlines;
- method of distribution of legal costs;
- at the end of the text of the World Agreement, they definitely stipulate the desire of the parties to approve the settlement agreement and terminate the proceedings, as well as the fact that the consequences, in the event of termination of the proceedings, the parties are explained and understandable.
The main time in the settlement agreement is that it is impossible to indicate any duties of the participants in the judicial process, which are in no way related to the subject of the dispute.
Moscow, Moscow region
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World Agreement: Sample
Plaintiff: Harin Sergey Vadimovich.
Respondent: Krush Alla Nikolaevna.
Harin Sergey Vadimovich in the face of Davydyan Edward Manukovich, operating on the basis of a power of attorney, referred to as the plaintiff, Khrush Alla Nikolaevna represented by Nina Georgievna, acting on the basis of a power of attorney, hereinafter referred to as the defendant, (hereinafter referred to as the parties) on examination of the district court and based on what
- the parties came to a peaceful decision;
- eliminate damage.
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the parties agree among themselves, which, according to this global agreement, the defendant reimburses the plaintiff in the amount of 52000r, which make up the costs of damage to the damage. The term of compensation is established in thirty calendar days, the expiration of which begins the day after approval by the district court of this global agreement.
How to make a petition for a pre-trial agreement on cooperation, read here.
In turn, the plaintiff refuses its claims to the defendant in the form of reimbursement of expenses for the restoration of fence in the summer.
We ask the District Court to approve this global agreement and terminate the proceedings.
This World Agreement is drawn up in three copies, one for each of the parties and for the district court. The settlement agreement enters into legal force after its approval by the district court.
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The consequences of cessation of production in the case provided for by this legislation are known to us.
Styzhko N.G.___________
World Agreement: Blank
_______________________ «__» _________ 200__
In the face of _____________________, acting on the basis of __________________, hereinafter referred to as the plaintiff, ________________________________ in the face of __________________, the defendant in the future, (hereinafter referred to as the parties), discussed the subject of the claim in consideration of ___________________, and based on that
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they concluded the possibility of the end of the consideration of this dispute to the world and the conclusion between the parties of the settlement agreement on the following conditions:
the parties agree among themselves, that under this global agreement the defendant reimburses the plaintiff in the amount of ________________, which make up payment costs _____________). The term of compensation is established in thirty calendar days, the expiration of which begins the day after approval of _______________ by the court of this global agreement.
In turn, the plaintiff refuses his claims for the defendant in the form of reimbursement of expenses _________________________ in the amount of _________________.
We ask ____________________ The court to approve the present world agreement and stop the proceedings.
This World Agreement is drawn up in three copies, one for each of the parties and for _________________. The settlement agreement enters into legal force after its approval _________________.
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The consequences of termination of production in the case provided for _______________________________, we are known.
Signatures of the Parties to this World Agreement:
World Agreement on the section of hereditary property
about the section of hereditary property
________, ________
We, c. _____________, _________ year of birth, place of birth: _____________________, Citizenship: Russian Federation, Gender: Female; Passport series ____ number _______, issued __________ G. Branch of the area __________ OUFMS of Russia in the mountains. _______ in CJSC, Division code _______; Address of residence: ________________, on the one hand,
and c. ___________________________, ________________ Birthday, place of birth: city Moscow, citizenship: Russian Federation, Gender: Female; Passport series _____ number _________, issued __________ g. _______________________________________, Division code: ____-____; Address of residence: _____________________________________, on the other hand,
enclosed this Agreement on the following:
- According to the certificate of the right to inherit the law issued _______________________________________________________, we are heirs in equal shares every property of the deceased ___________ year ______________, __________ G. R., Consulting:
One-bedroom apartment located at: __________________________;
Cottage plot with a house located at: ___________________;
Garage located ____________________________________;
Debt on the loan agreement № _________________ from __________
2. In accordance with Art. 1165 Civil Code of the Russian Federation This Agreement we produce the section of the specified hereditary property as follows:
2.1. The property ____________________ Returns the apartment at: ______________________________, consisting of 2 (two) rooms, with a total area _____ (_________________). m, with a total area including residential area ______ (_______________________). m.
2.2. The ownership of ____________ passes a country site with a house at: _________________________________, with a total area ____________ sq.m.
2.3 The property is ___________ the garage is located at: ________________________________________, a total area of \u200b\u200b_____ sq.m.
2.4 A sum in the amount of ________________ on the loan agreement No. _________ from ______ to divide between ________________ and _____________________________ in equal shares.
3. By the time of the conclusion of this Agreement, the above property is not laid, under arrest it is not and is not burdened by any other obligations.
4. This Agreement enters into force from its date of its signing by both parties.
5. Since the one specified in paragraph 4 of this Agreement, the Parties under this Agreement become property owners, according to P.P. 2.1.2.2.2.3.2.4 of this Agreement.
6. One-sided refusal to execute this Agreement is not allowed.
7. In the rest, not regulated by this Agreement, the parties will be guided by the current legislation of the Russian Federation.
8. This Agreement is concluded in 2 (two) genuine copies that have the same legal force that are at the Parties under this Agreement.
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Agreement on damages caused by the Bay of Apartments
The agreement on the damage caused by the bay of the apartment is the simplest painless way out of the current situation with the flooding of your apartment, but the culprit of the incident is very rarely going through this way, preferring to bring the case to court. Often the management companies are also received.
Take into account: even if you have agreed with the neighbors lovely, you must assure it legally, otherwise there are no problems in case of unscrupiance of the perpetrators. Read more about all nuances in the articles section
Also, even if an agreement was drawn up for damages caused by the bay of the apartment, an independent examination is needed after the flooding of the apartment, without this document, your requirements are unfounded for the court.
You can always get a free consultation in the company "Uyut-Service" by calling our hotline if something is unclear to you. Below, we give for you a sample agreement on damages caused by the bay of the apartment. Below we present a sample agreement on damages caused by the bay of the apartment.
Sample Agreement on damages caused by the Bay of Apartments
Agreement N _____ on compensation for damage caused by the bay of the apartment
_______________ «___» __________ ____
We refer to the future "responsible person", in the face of ______________, acting ___ on the basis of ______________, and ______________, we refer to the future, "the victim", in the face of _______________, acting ___ on the basis of _______________, together, called "Parties", and separately "Party" concluded This Agreement on the following:
1.1. This Agreement is concluded on the basis of Art. 1064 Civil Code of the Russian Federation and _____________________________________________________________.
(Specify the documents that are confirmed by the fact of causing and the amount of damage)
1.2. Under this agreement, the responsible person undertakes to voluntarily reimburse the damage caused to "___" __________ ____. As a result of the bay of the facility of the victim, located at the address: _______________________________________________, in the amount of _______ (__________________) rubles.
1.3. The victim has the right to compensation over the compensation of damage in the amount _____ (_______________) rubles.
2. Conditions for compensation for harm
2.1. The responsible person reimburses the victim damage in the amount of _____ (_______________) rubles.
2.2. Payment timing:
The first contribution in the amount _____ (_______________) rubles to be paid to "___" __________ ____ g.;
The remaining part in the amount _____ (_______________) rubles are subject to "___" __________ ____
2.3. Compensation over the compensation of damage in the amount _____ (______________) rubles are subject to the responsible person to the victim to "___" __________ ____. In the next case: ________________________________________.
2.4. Calculations between the parties are made in non-cash, also calculations can be made in cash.
3. Rights and obligations of the parties
3.1. The victim is obliged:
a) in case of calculations in cash, to give a responsible person to a receipt in obtaining the amount of damages and compensation over the damage compensation;
b) not disclosing information on the amounts of damages, compensation and other confidential information that has become known in connection with the conclusion of this Agreement.
3.2. The responsible person is obliged:
a) to inform the victim about all the circumstances known to him, are important to assess the amount of compensation and compensation;
b) in a timely manner and fully pay the established amount of compensation and compensation;
c) make the necessary and possible measures to prevent other cases of causing damage to the victim to reduce the effects of damage caused.
4. Entry into force, term and action of the agreement
4.1. The agreement comes into force from the moment of the conclusion and is valid until the parties fulfill its obligations.
4.2. The agreement is terminated in the case of:
Full compensation for damage and compensation over the compensation of damage to victims of other persons;
Elimination (or: death) responsible person;
Termination of the Agreement by the decision of the Court;
In other cases provided for by the legislation of the Russian Federation.
4.3. The victim is entitled to abandon this Agreement (ahead of schedule to terminate the agreement unilaterally) at any time.
5.1. Disputes arising in the process of fulfilling obligations under this Agreement are resolved through negotiations of representatives of the parties. If it is impossible to achieve agreement on controversial issues, their decision is transferred to the court in the manner prescribed by the legislation of the Russian Federation.
5.2. On issues not regulated by this Agreement, the parties are guided by the current legislation.
5.3. The agreement is drawn up in _____ specimens.
1. Protocol (decision, act, etc.) from "___" __________ ____ G. N _____ On causing damage.
Moscow "May 1" May 2017 Petre Ivanovich Sergeev, the owner of the apartment No. 899 and Clara Nikolaevna Novikova, the owner of the apartment No. 879, concluded this agreement on the following:
- Subject of Agreement
1.1. The agreement was concluded on the basis of: 1.1.1 of Article 1064 of the Civil Code of the Russian Federation 1.1.2 Act of inspection of the management company Zhilinsk from 25.12.2016 (Appendix No. 2) 1.1.3 of the evaluation report No. 768 of April 23, 2017 of the company Notiss.ru (Appendix No. 3) 1.2. Under this Agreement, the owner of the apartment No. 899 undertakes to voluntarily compensate the damage, which is 19.12.2016 with the bay of the apartment, according to the act of an inspection act of the Zhilinsk company, dated 25.12.2016, located at Moscow, St. Balikopodshipnikovskaya 23/11, square.
Apartment Bay Agreement
Important
In this column, the alleged bay culprit must indicate its ideas about
- the causes of flooding
- specific damage
- on the nature of such damage
- as well as about other information that are important to clarify all the circumstances of the case.
In addition, immediately guilty of the damage caused to property, it is advisable to indicate the arguments on the basis of which, he disagrees with the arguments of other participants in the compilation of an act of the premises of the premises. Thus, the estimated person who caused the material damage from the bay of the apartment will be able to define from excessive requirements, or from inappropriate real validity of information that may be included in the act.
Subsequently, with a judicial dispute, this information can play a certain positive role for it.
Agreement on damages from the bay
Below, we give for you a sample agreement on damages caused by the bay of the apartment. Below we present a sample agreement on damages caused by the bay of the apartment.
Agreement N on compensation for damage caused by the Bay of Apartment. "", Refer to the future "responsible person", in the face, acting on the basis of, and, refer to the future, "the victim", in the face, acting on the basis, together here, "Parties", and separately "side" concluded This Agreement on the following: 1. Subject of the Agreement1.1. This Agreement is concluded on the basis of Art.
1064 Civil Code of the Russian Federation and. (Specify the documents confirmed by the fact of causing and the amount of damage) 1.2. Under this Agreement, a responsible person undertakes to voluntarily reimburse the damage caused by ""
How to compensate the damage at the apartment in a peaceful way
The owner of the apartment number 879 is obliged: a) to issue a receipt for receiving funds in compensation for damage from flooding (see Appendix 1); 3.2. The owner of the apartment number 899 is obliged to: a) pay the full amount of compensation on the time and scope indicated in this agreement; b) take measures to prevent repeated flooding.
- Entry into force, term and action of the agreement
The agreement comes into force from the moment of the conclusion and is valid until the parties fulfill its obligations. 4.2. The agreement terminates in the case of: - complete compensation for damage from the bay, in the amount specified in this Agreement; - termination of the agreement on the decision of the judiciary; - death responsible person.
- Other conditions
5.1. Disputes arising in the process of fulfilling obligations under this Agreement are resolved through negotiations of the parties.
Agreement on damages caused by the Bay of Apartments
The victim is obliged: a) in the case of cash payments, to give a responsible person to receipt in obtaining the amounts of damages and compensation over reimbursement; b) not to disclose information on the amounts of damage compensation, compensation and other confidential information that has become known in connection with the conclusion of this Agreement. 3.2. The responsible person is obliged to: a) to inform the victim about all the circumstances known to him that are important to estimate the amount of compensation and compensation; b) in a timely manner and fully pay the established amount of compensation and compensation; c) to make the necessary and possible measures to prevent other cases of damage The victim to reduce the consequences of damage caused.
4. Entry into force, term and action of the Agreement4.1. The agreement comes into force from the date of the conclusion and is valid until the full fulfillment of its obligations to the parties.4.2.
Flooded neighbors
This duty will be assigned to the truly guilty side, which, depending on the various situations, may be
- seller or manufacturer of goods having disadvantages (for example, the seller of the battery, pipes, etc.),
- the organization that carries out the installation or installation of equipment, but not correctly installed it or mounted,
- management Company
- etc.
The determining point in establishing persons with which it is necessary to require compensation for damage caused by property is a method of managing an apartment building.
World Agreement on Flooding Apartments
Attention
The conclusion of the settlement agreement is a positive point for the perpetrator in view of the fact that the victim to compensate for the material damage caused by the bay of the apartment can attract:
- independent appraiser.
- technical expert to establish the causes and culprits of the bay
- lawyer
- if necessary, to request a court to conduct construction and judicial and evaluation examination during the trial
All this money. And if the court really recognizes your guilt - the services of these specialists will become your expenses in addition to the amount of damage caused.
Info
Often, the assessment of damage caused is overestimated. In order to prevent such circumstances, the guilty side will have to make their own assessment, while contacting the services of an independent appraiser, which will also entail certain expenses.
On approval of the settlement agreement on the claim about the flooding of an apartment
As a general rule, the Act of the Gulf of Apartment is compiled in the presence of the guilty side. However, there are cases when the culprit is not notified of the compilation of the act and, accordingly, the procedure for its preparation is made without it.
In this case, the defendant in the court proceedings of the dispute should require the recognition of such a document invalid. Since there is a violation of the reality of the culprit, as a result of which he was deprived of the possibility of participation in the objective and comprehensive consideration of the circumstances of what happened and reflected in the document
- reasons for flooding
- specific damage
- character damage
- causal relationship between the bay and damage, etc.
In view of this, such evidence can be recognized by the court inadequate and the court when making a decision will not take it into account.
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Damage to the Bay of Apartments
Agreement on damages caused to the apartment, it is also called a damage to the damage from the bay, in which the timing and volume of payments are recorded, as well as the rationale for these payments (act, report). When discussing the terms of payments, we recommend that you go to the meeting to the culprit and agree on installments of payment, as described below in our sample.
Why the evaluation report is so important. In our practice, there were many cases when the culprit of flooding, after the first payment, refused to continue to pay compensation, naturally, no documents confirming the amount of damage was not .. there was only written in two lines of an act of a management company and several photos (at best) incurred Damage.
As a result, we had to abandon such customers, because Assessing photographs of one-year limit and the wrongdoing act of the management company is not possible.
At the court hearing, we introduced the documents from which we had that the actual amount of damage was significantly less than the specified neighbors in their lawsuage. The court, having familiarized himself with the calculations of both parties raised the question of appointing a forensic examination for the establishment of the sum of real damage from flooding.
Instead of holding an examination of me as a representative I., it was proposed to conclude a global agreement to enter into the victim. By negotiations between the parties to the dispute, an agreement was reached that I.
pays the victim to the right of compensation for damage from flooding an apartment in the amount of 75,000 rubles. For three months equal shares. The terms of this agreement arranged both sides of the conflict and were approved by the definition of a court that entered into force.
The settlement agreement is considered a favorable option for the permission of the case in court. It is possible if the plaintiff and the defendant were able to settle the dispute between themselves before the final decision by the court.
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The agreement must be necessarily approved by the decision of the judge.
Concept
The global agreement can be called a deal in which the plaintiff and the defendant were able to comply with their interests before making a decision on the court on the merits of the dispute.
The agreement can regulate various property relations to be protected in court.
The flooding of the apartment is fraught with serious losses for owners and owners of the victim from the flood of living space. Even a conducted examination, the counting of damages cannot force the culprit to pay voluntarily.
As a result, citizens turn to court, and in the course of the trial, the conflicting parties may agree, submitting for approval by the Judgment Court of the settlement.
His difference from a voluntary reimbursement of the bay of harm is that the agreement is issued at the stage of trial (regardless of the instance) or in the process of enforcement proceedings.
Legislation
The document should not violate the rights and interests of the plaintiff and the defendant. The settlement agreement comes into force through 15 days After his approval of the judge (Code of Civil Procedure of the Russian Federation -).
The ability to harmonize and approve the agreement between the conflicting parties in the appellate instance is regulated in.
The procedure for the adoption of the settlement agreement at the executive production stage is indicated by.
Essence of the document
In the World Agreement, the rights and obligations of the parties should be clearly designated. Its content is based on the harmony and the ability of the defendant to compensate completely damage to the damaged apartment and property.
The document may be based on reports, certificates, acts that were drawn up before reaching the court and are attached to the statement of claim.
for exampleIf the defendant agreed to make repairs in the plaintiff's flooded apartment, then it is necessary to agree on the order of such actions to the smallest detail, as well as clearly determine the cost of restoration work.
It is also desirable to formulate a condition involving monetary compensation to the plaintiff for damaged property. Citizens are free in determining the content of the document, but the court ensures that the terms of the agreement do not violate the interests of the Parties and comply with the norms of civil law and other legislation.
The document needs to clearly designate the deadlines - when the defendant convey the money to the plaintiff or performs repair work in the residential room.
Dates must be denoted by concrete so that the content of the settlement agreement is clear - when, and at what time the provided repair work will be performed. The parties to the world agreement have the right to attach the estimate.
Video: sign or not
Pre-trial decision
In the pre-trial procedure, the parties have the right to sign an agreement on compensation for harm. This is possible if the losses caused to the apartment are obvious, and the owner of the upper apartment goes to contact with the victims, recognizes its guilt and agrees to compensate the damage to the court.
Such a solution requires voluntariness and consent to the parties to the parties proposed by the culprit of the incident.
The owner of the flooded apartment can:
- calculate damage itself;
- or order an expert services.
With the results of the examination, the victims of citizens are entitled to refer to the perpetrator of the incident and offer to compensate for the damage voluntarily. If the neighbor agrees, then the document is signed and the damage is reimbursed in full.
In practice, a similar outcome of the conflict is a rarity, since the owner of the apartment is rarely agreed with the amount of damage or does not deny his guilt, egIn the event that the bay was carried out by the tenants of the residential premises in the absence of the owner of the apartment.
The reverse situation is possible, when the owner of the apartment does not agree to accept the reimbursement of a neighbor and it believes that the amount of damage caused is much more than the amount that a neighbor wants to pay, without waiting to appeal to court and judgment.
At what point is drawn up
The flooding of the apartment in the settlement agreement is considered to be the subject of such a document. Parties determine mutual rights and obligations at any stage of the trial and enforcement proceedings. In fact, the terms of the agreement are developed before the reason for the consideration of the case on the merits.
The judge clarifies the parties to the consequences of the approval of such a step (). The agreement is issued when the parties understand the meaninglessness of the trial and are ready to work out joint conditions for the exit from the conflict situation.
What parties are involved
If it was decided to develop the conditions of the settlement agreement, then such a document is issued by the plaintiff, the defendant, their representatives and is approved by the court.
Consulting issues in the execution of the settlement agreement can be resolved with the participation of third parties - experts, specialists.
Based on
The settlement agreement is issued on the basis of the will of the parties. The content of the document is based on the documents collected for the trial. The settlement agreement is approved only by the definition of the court.
If the judge considers that the content of the document violates the interests of any parties or contradicts the law, he rejects the agreement and the consideration of the case continues on.
Sample of the settlement agreement
The imperative standards regulating the requirements for the settlement of the dispute on the disposal of property damage to the owner of the flooded apartment does not exist. The parties have the right to include in the document any conditions on the basis of which the procedure for compensation for the plaintiff will be understood.
Conditions must be executed and stated in such a way that it is clear how and in what amount the defendant is going to restore the flooded apartment.
Structure
The global agreement approved by the court contains the following mandatory elements:
- information about the parties;
- points on property rights and duties of the parties in relation to a specific dispute;
- links to documents (if desired), date and signatures of the parties.
The text of the agreement is approved by the court's definition. The document is obligatory for execution. To the question of what to do if the defendant refuses to fulfill the obligations assumed the answer one - to contact the same court for issuing a writ of execution and to contact the bailiffs.
What data contain
The settlement agreement contains information about the amount of damage and compensation.
- The document describes the specific steps and actions of the respondent on the payment of the cost of repair or directly performing restoration work.
- A separate point can be prescribed the cost of compensation for damage to furniture, household appliances and other property of the owner of the flooded apartment.
- You need to register payment forms of payment, indicate the requisites of the plaintiff.
- Terms of action are also important.
Their passage by the party that has undertaken obligations to compensate harm in the settlement agreement means violations of the terms of the transaction.
- It is allowed to indicate in the agreement the amount of fines, penalties for non-compliance with specific obligations.