Differentiation of the swap agreement and the purchase and sale. Determine the time of transfer of ownership and risk of accidental loss and damage to the goods exchanged.
Joint-stock company "Progress" has been leased for a period of one year, an individual entrepreneur Fedorov available to him the exclusive right to sell in the territory of St. Petersburg produced a well-known products of the American company. After some time, Fedorov discovered that the same goods without proper legal grounds sells another company. He showed her lawsuit, citing the conclusion of lease agreements. In proceedings before the Court of Arbitration was established that the joint-stock company "Progress" does have the right to sell the goods in the territory of St. Petersburg, but can not sell it right.
Solve the case. What objects can be transferred for use in a lease?
Committee on State Property Management leased Ltd. "Lavender" non-residential premises in a separate building for a period of 5 years. A year later, the right to conclude a lease for the entire building for 25 years has sold at auction Joint-Stock Company "Calvados". Recent stay at a building discovered the fact of it and demanded another tenant of "Lavender" to pay the rent in a larger size, or vacate the premises. Ltd. "Lavender" refused to comply with the requirements of "Calvados" and appealed to the Arbitration Court with a suit to the competition to sell the right to conclude a lease agreement invalid.
Solve the case.