The settlement agreement is considered a favorable option for resolving the case in court. It is possible if the plaintiff and the defendant were able to settle the dispute between themselves before the court makes a final decision.

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The agreement must be necessarily approved by the decision of the judge.

concept

A settlement agreement can be called a deal in which the plaintiff and the defendant were able to jointly agree on their interests before the court decides on the merits of the dispute.

The agreement may regulate various property relations subject to judicial protection.

Flooding of an apartment is fraught with serious losses for the owners and proprietors of the living space affected by the flood. Even the examination carried out, the calculation of losses cannot force the culprit to pay voluntarily.

As a result, citizens go to court, and already in the course of the trial, the conflicting parties can come to an agreement by submitting a settlement agreement for approval by the court.

Its difference from the voluntary compensation by the perpetrator of the harm lies in the fact that the agreement is drawn up at the stage of the trial (regardless of the instance) or already in the process of enforcement proceedings.

Legislation

The document must not violate the rights and interests of the plaintiff and the defendant. The Settlement Agreement will enter into force on 15 days after its approval by the judge (CPC RF -).

The possibility of agreeing and approving an agreement between the conflicting parties in the appellate instance is regulated in.

The procedure for accepting a settlement agreement at the stage of enforcement proceedings is indicated in.

The essence of the document

The settlement agreement must clearly define the rights and obligations of the parties. Its content is based on the consent and ability of the defendant to fully compensate the damage for the damaged apartment and property.

The document can be based on reports, certificates, acts that were drawn up before going to court and are attached to the statement of claim.

for example If the defendant agreed to make repairs in the plaintiff's flooded apartment, then it is necessary to agree on the procedure for such an action to the smallest detail, as well as clearly determine the cost of restoration work.

It is also desirable to formulate a condition that implies monetary compensation to the plaintiff for damaged property. Citizens are free to determine 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 must clearly indicate the time frame - when the defendant will transfer the money to the plaintiff or perform repairs in the dwelling.

The terms must be specific so that it is clear from the content of the settlement agreement when and at what time the stipulated repair work will be performed. The parties have the right to attach an estimate to the settlement agreement.

Video: to 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 makes contact with the victims, admits his guilt and agrees to compensate for the damage without going to court.

Such a decision requires the voluntariness and consent of the party affected by the flood to the conditions proposed by the perpetrator of the incident.

The owner of a flooded apartment can:

calculate the damage yourself;
or order the services of an expert.

With the results of the examination, the injured citizens have the right to contact the perpetrator of the incident and offer to compensate for the damage on a voluntary basis. If the neighbor agrees, then the document is signed and the damage is compensated in full.

In practice, such an outcome of the conflict is rare, since the owner of the apartment from above rarely agrees with the amount of damage or even denies his guilt, For example, in 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 opposite situation is possible, when the owner of the apartment does not agree to accept the neighbor's compensation and believes that the amount of damage caused is much larger than the amount that the neighbor wants to pay without waiting for the court and the court decision.

At what point is it made

Flooding of an apartment under a settlement agreement before the court is considered the subject of such a document. The parties determine the mutual rights and obligations at any stage of the trial and enforcement proceedings. In fact, the terms of the agreement are developed before the start of the consideration of the case on the merits.

The judge explains to the parties the consequences of approving such a step (). An agreement is drawn up when the parties understand the futility of litigation and are ready to work out joint conditions for a way out of the conflict situation.

Which parties are involved

If it was decided to work out the terms of a settlement agreement, then such a document is drawn up by the plaintiff, defendant, their representatives and approved by the court.

Consulting issues when drawing up a settlement agreement can be resolved with the participation of third parties - experts, specialists.

Based on what

The settlement agreement is drawn up 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 a court ruling.

If the judge considers that the content of the document violates the interests of any party or is contrary to the law, then he rejects the agreement and the case proceeds further.

Settlement Agreement Sample

There are no mandatory rules governing the requirements for a settlement agreement in the framework of a dispute on compensation for property damage to the owner of a flooded apartment. The parties have the right to include in the document any conditions, on the basis of which the procedure for indemnifying the plaintiff will be clear.

The conditions must be enforceable and set out in such a way that it is clear how and to what extent the defendant intends to restore the flooded apartment.

Structure

The settlement agreement approved by the court contains the following mandatory elements:

information about the parties;
clauses on the property rights and obligations of the parties in relation to a particular dispute;
links to documents (if desired), date and signatures of the parties.

The text of the agreement is approved by the court ruling. The document is obligatory for execution. To the question of what to do if the defendant refuses to fulfill his obligations, there is only one answer - to apply to the same court for the issuance of a writ of execution and already apply with it to the bailiffs.

What data does it contain

The settlement agreement contains information on the amount of damage and compensation.

The document describes the specific steps and actions of the defendant to pay for the cost of repairs or directly perform restoration work.
A separate item can prescribe the cost of compensation for damage to furniture, household appliances and other property of the owner of a flooded apartment.
It is necessary to prescribe the forms of payment for compensation, indicate the details of the plaintiff.
The timing of actions also matters.
Their omission by the party that has undertaken to compensate for the damage under 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 failure to fulfill specific obligations.

Is it possible to conclude in court proceedings

Your happiness if you manage to settle the issues of compensation for damage with your neighbors in a pre-trial order. Otherwise, you will have to put on the robe and wig of a lawyer, if you, of course, are going to recover the damage done yourself. However, those who value their time can use our services for assessing and recovering damages over the phone. To create an evidence document that will insure you against the risk of non-payment of compensation, you need an established cause and amount of damage, for this you will need a number of documents, which we will discuss next.

Factors allowing an agreement

So you have:

You just have to conclude an agreement on voluntary compensation for damage from flooding, believe me, this agreement will insure you against a huge number of risks. Agreement on compensation for damage caused to the apartment, it is also called gulf indemnity treaty, which fixes the terms and amounts of payments, as well as the rationale for these payments (act, report). When discussing the terms of payments, we recommend that you meet the culprit and agree on an installment payment, as indicated below in our sample.

Why is it important to have an assessment

In our practice, there were many cases when the culprit of the flood, after the first payment, refused to continue to pay compensation, naturally, there were no documents confirming the amount of damage .. There was only a two-line act of the management company and several photographs (at best) incurred damage. As a result, we had to refuse such clients, because. it is not possible to evaluate from photographs of a year ago and an indistinct act of the management company. If you have an appraisal report, if you don't pay, you can go to court and recover the full amount.

Insure yourself against non-payment, order an assessment report and conclude an agreement

Sample agreement for compensation for damage from flooding an apartment

You can also download a sample in Word format from the link:

AGREEMENT

on voluntary compensation for damage caused by the gulf to property

Moscow "1" May 2017
Petr Ivanovich Sergeev, owner of apartment No. 899 and Klara Nikolaevna Novikova, owner of apartment No. 879, have entered into this agreement as follows:

SUBJECT OF THE AGREEMENT

1.1. The agreement was concluded on the basis of:

1.1.1 Article 1064 of the Civil Code of the Russian Federation

1.1.2 Inspection report of the management company Zhilinshchik dated December 25, 2016 (Appendix No. 2)

1.2. Under this Agreement, the owner of apartment No. 899 undertakes to voluntarily compensate for the damage caused by the flood of the apartment on December 19, 2016, in accordance with the act of the Inspection Act of the Zhilinshchik management company dated December 25, 2016, located at Moscow, Sharikopodshipnikovskaya st. 23/11, apt. 879 in the amount of 213,000 (Two hundred and thirteen thousand rubles) rubles, according to the report on the assessment of the right to claim damages No. 768 dated April 23, 2017 of the appraisal company website.

DAMAGE TERMS AND CONDITIONS

2.1. the owner of apartment No. 899 compensates for damage from flooding in the amount of 213,000 (Two hundred and thirteen thousand) rubles.

2.2. Payment terms:

- the first installment in the amount of 73,000 (seventy-three thousand) rubles is payable before June 1, 2017;

— the second installment in the amount of 70,000 (seventy thousand) rubles is payable before August 1, 2017;

— the third installment in the amount of 70,000 (seventy thousand) rubles is payable before October 1, 2017;

2.3. Settlements between tenants can be made in cash and non-cash.

RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The owner of apartment No. 879 is obliged:

a) issue a receipt for the receipt of funds as compensation for damage from flooding (see Appendix 1);

3.2. The owner of apartment No. 899 is obliged:

a) pay the entire amount of compensation within the terms and in the amount specified in this agreement;

b) take measures to prevent re-flooding.

ENTRY INTO FORCE, TERM AND VALIDITY OF THE AGREEMENT

4.1. The Agreement comes into force from the moment of its conclusion and is valid until the full fulfillment of their obligations by the Parties.

4.2. The agreement is terminated if:

- full compensation for damage from the bay, in the amount specified in this agreement;

— termination of the Agreement by decision of the judicial authorities;

— death of the Responsible person.

OTHER TERMS

5.1. Disputes arising in the process of fulfilling obligations under this Agreement shall be resolved through negotiations between the Parties. If it is impossible to reach an agreement on controversial issues, their decision is submitted to the court for consideration 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.

1. 1. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Owner of apartment #899: Owner of apartment #879:

APPENDIX №1

Receipt for receiving money (compensation) for damage

I, Klara Nikolaevna Novikova, born ___________, (passport series ___________, issued on __________ ____ ______________________, registered at ____________________) received from Petr Ivanovich Sergeev ___________ year of birth, (passport series _________________, issued by ___________________________________________, registered at address ____________________________) a sum of money in the amount of __________(__________________) rubles as compensation for damage caused by the bay, in accordance with the agreement dated May 01, 2017.

In this regard, it will be much less troublesome to resolve the issue peacefully, without filing a claim with the court. As practice shows, this method of dispute resolution is in many cases more effective than litigation. Indeed, sometimes for a peaceful resolution of the conflict, it is enough to write an ordinary claim - if the requirements are really justified, it simply does not make sense for the guilty party to bring the case to court, since the chances of winning it will be minimal, and the financial costs will be much more.

How can flooding disputes be settled without going to court, and what are documents such as a damages agreement and a money transfer receipt? We will try to answer these questions in this article.

Benefits of peaceful conflict resolution

The amicable resolution of a dispute during the bay of an apartment has a number of advantages over a lawsuit, namely:

Financial savings. Legal costs are a very expensive pleasure for an ordinary citizen, in particular, in addition to paying state fees, an examination may be required to assess the value of the damaged property, etc. In the event of a positive outcome of the case, all costs will be compensated by the defendant, however, firstly, the court still needs to be won, and, secondly, in the event of flooding, restoration repairs often have to be carried out urgently and money is needed here and now.
Saving time. According to Art. 154 of the Code of Civil Procedure of the Russian Federation, the period for considering a court dispute about flooding can be up to two months. If we add to this all sorts of appeals, cassations and other judicial red tape, the process may well stretch for half a year.
Preservation of normal relations between the perpetrator and the victim. With a peaceful settlement, both parties come to a mutual agreement and, as a rule, have no claims against each other in the future. Lawsuits, on the contrary, only increase the mutual hostility between the plaintiff and the defendant.

Procedure for the peaceful resolution of the conflict

In order to settle all issues peacefully, it is necessary to notify the culprit of the fact of the gulf as soon as possible after the incident. After that, show him the specific place of the leak, from which water flows from the premises of the culprit to the victim, as well as the affected property. If the housing office or another legal entity is the culprit of the flood, then you need to write a statement about the bay there, in which you describe in detail the situation that has occurred. At the same time, one should not neglect the drawing up of an act on flooding, since in the event that it is not possible to amicably settle the issue, this document will be fundamental when considering the case in court.

If the culprit refuses to admit his involvement in the bay of the apartment and does not want to compensate for the damage voluntarily, it makes sense to conduct an independent assessment of the damaged property. The guilty party must be warned about this action, or even better, invited to be present during the inspection using a registered letter with acknowledgment of receipt.

On the one hand, this can help convince the perpetrator of the expediency of pre-trial settlement of the conflict. If no consensus is found, this examination with photographs of damage and an inspection report will play an important role in court. And the refusal of the guilty party to offer to be present at the inspection will further aggravate the situation, since the court will interpret such behavior as the defendant's consent in absentia with the results of the examination.

Indemnity Agreement

One of the most common methods of amicable settlement of disputes is an apartment bay damages agreement. This document must include the following information:

date, time and place of flooding, as well as its causes;
list of damaged property. This list should be described in as much detail as possible, indicating specific damage. If there is a lot of such property, the best solution would be to draw up the list as an annex to the agreement (it is additionally signed by both parties);
the total value of the affected property;
date of conclusion of the agreement and signature of the parties.

The main purpose of such an agreement is that the perpetrator assumes the obligation to voluntarily compensate the victim for the damage caused by the flood. In order to avoid misunderstanding and mutual claims in the future, it is recommended to initially agree on the period during which the victim will be compensated for all losses incurred by him.

A sample of such an agreement can be downloaded from the link.

Free legal advice:

Such a document will have legal force even without notarization. However, if it is planned that the compensation for damage will be of a long-term nature, then it is better to notarize the contract. In this case, if the perpetrator violates the procedure for payments or refuses to comply with the agreement signed by him, the victim will not have to go to court, but it will be enough to apply to a notary for an executive inscription. Such an inscription will make it possible to recover funds forcibly through bailiffs, bypassing the trial.

Receipt for the transfer of funds

If the culprit of the flood is ready to compensate for the damage immediately, then a prerequisite will be the issuance of a receipt confirming the settlement between the parties. It is necessary so that the victim, after receiving the money, does not have the opportunity to re-claim claims for damages.

This document will also have legal force, and in case of failure to fulfill the obligations specified in it, it (like the agreement) can be used as evidence in court proceedings (in accordance with Article 71 of the Code of Civil Procedure of the Russian Federation).

The receipt itself is drawn up by the person receiving compensation, and can be written in any form, the only requirement when compiling is to indicate the following information:

Full name of the injured and the guilty party, if desired, you can also indicate the data of the passport;
the total amount of compensation paid (in numbers and in words, if the amounts in both spellings do not match, then the option indicated in words has priority) indicating the currency in which the payment was made;
the reason for which the compensation for harm was carried out (in this case, flooding of the apartment, moral damage, etc.);
an indication that the victim has no further claims (in case there is a possibility of any hidden defects and the consequences of a flood that could not be detected at the time of drawing up the document, it is necessary to clarify that there are no claims upon compensation for visible losses);
the date of compilation and signature of the person incurring obligations to compensate for the damage.

When issuing a receipt, the presence of witnesses is desirable (they, accordingly, will confirm this fact with a signature). The drawn up document must be kept by the person who paid the compensation for at least 3 years (according to the law on the limitation of actions).

Free legal advice:

A sample receipt can be downloaded from our website at the link.

Apartment bay agreement

The complexity of the trial scares off the owners of flooded apartments. And this, despite the fact that only in this way can you get even with the offenders in full: compensate for losses and get the truth from dysfunctional neighbors or the management company. Most owners of flooded apartments first of all try to settle the issue peacefully, in a pre-trial order. This allows you to negotiate in a neighborly way and save time on a difficult judicial bureaucratic procedure. Unfortunately, such a compromise option is often perceived by the perpetrator of the incident as a weakness of the injured party.

The management company and the victim

Managing organizations (DEZ, HOA and others) are typical representatives for whom an amicable agreement on the bay of an apartment is an ideal dispute resolution option. Naturally, when their actions or passivity caused damage to the premises. Such an initiative to negotiate with the affected residents is quite logical and understandable. The organization entrusted with the management of a multi-apartment residential complex (house), civil and housing legislation, is entrusted with the mandatory compensation for damage caused by the flood of an apartment to the injured party in full. Of course, this requires undeniable facts of guilt. To put it differently, all financial losses that an independent assessment establishes must be paid to the penny. The process of enforcement proceedings in this case takes a shortened character. All actions boil down to the fact that, on the basis of a writ of execution, the required amount of money is debited from the current account of the management company. Knowing this practice from the inside, representatives of public utilities are trying by any means to resolve the conflict with the bay at the pre-trial stage.

When interests don't match

Typical housing and communal services stories about the corruption of the judicial system often end with threats to file counterclaims against uncompromising tenants (for example, for unauthorized redevelopment of premises). However, such arguments, together with the lack of knowledge of the owner about how to draw up an agreement on the bay of an apartment, are not an obstacle. In this case, the last trump card of the management company is the free repair service. Naturally, it will be carried out by “professionals” of DEZ, who will select “normal” building material for the affected owner. Attention! The norms of civil law of the Russian Federation provide for a provision according to which only the victim has the right to choose how he will be compensated for losses:

work;
in kind;
in any other legal way.

By the way, a similar rule also applies to compensation for damage under CASCO, when the owner of the car chooses: to take money or agree to repairs. Therefore, any statement by a representative of the management company about the impossibility of a trial, in the case of a "chic" free repair, is unreasonable and illegal.

What happens if the parties agree?

What is the prospect of the owner, who nevertheless succumbed to the persuasion of DEZ and decided to draw up an agreement on the bay of the apartment and free repairs? Unfortunately, statistics do not know cases when the victim was satisfied. Moreover, after such a settlement agreement, the owner of the flooded housing is forced to re-apply to the appraisal company. The reason in this case will already be on the bay, and poor-quality repairs performed by employees of the management company on the basis of a settlement agreement. In other words, the prospect of litigation on the fact of the negligent activities of communal structures is inevitable.

Free legal advice:

When the neighbor is to blame

If the negligent neighbor, and not the management company, is the party to the settlement agreement, then the conflict will develop according to a similar scenario. The practice of appraisal firms knows many cases when the participants in the incident agree to resolve the issue without a trial. As a rule, after several months of calm, the injured owner (having lost a lot of time) repeatedly asks to resume the procedures for assessing the damage caused to him, since the neighbor's promises remain just words.

Gulf Indemnity Agreement

To create an evidence document that will insure you against the risk of non-payment of compensation, you need an established cause and amount of damage, for this you will need a number of documents, which we will discuss next.

So you have:

gulf damage assessment report (if you don't have one, call or leave your contacts). The valuation report is evidence in court and describes in detail all the circumstances and damages that have arisen. It is your insurance against non-payment.
act of the management company, which indicates the reason for the bay
an adequate neighbor who decided to do without a trial

You just have to conclude an agreement on voluntary compensation for damage from flooding, believe me, this agreement will insure you against a huge number of risks. An agreement on compensation for damage caused to an apartment, it is also called an agreement on compensation for damage from a bay, which fixes the terms and amounts of payments, as well as the rationale for these payments (act, report). When discussing the terms of payments, we recommend that you meet the culprit and agree on an installment payment, as indicated below in our sample.

Why is the assessment report so important? In our practice, there were many cases when the culprit of the flood, after the first payment, refused to continue to pay compensation, naturally, there were no documents confirming the amount of damage .. There was only a two-line act of the management company and several photographs (at best) incurred damage. As a result, we had to refuse such clients, because. it is not possible to evaluate from photographs of a year ago and an indistinct act of the management company. If you have an appraisal report, if you don't pay, you can go to court and recover the full amount.

Free legal advice:

Your happiness if you managed to settle the issues of compensation for damage with your neighbors in a pre-trial order. Otherwise, you will have to put on the robe and wig of a lawyer, if you, of course, are going to recover the damage done yourself. However, those who value their time can use our services for assessing and recovering damages over the phone.

Sample agreement for compensation for damage from flooding an apartment

You can also download a sample in Word format from the link: Bay Damage Compensation Agreement

on voluntary compensation for damage caused by the gulf to property

Moscow May 1, 2017 Petr Ivanovich Sergeev, owner of apartment No. 899 and Klara Nikolaevna Novikova, owner of apartment No. 879, have entered into this agreement as follows:

1.1. The agreement was concluded on the basis of:

Free legal advice:

1.1.1 Article 1064 of the Civil Code of the Russian Federation

1.1.2 Inspection report of the management company Zhilinshchik dated December 25, 2016 (Appendix No. 2)

1.2. Under this Agreement, the owner of apartment No. 899 undertakes to voluntarily compensate for the damage caused by the flood of the apartment on December 19, 2016, in accordance with the act of the Inspection Act of the Zhilinshchik management company dated December 25, 2016, located at Moscow, Sharikopodshipnikovskaya st. 23/11, apt. 879 in the amount of (Two hundred and thirteen thousand rubles) rubles, according to the report on the assessment of the right to claim damages No. 768 dated April 23, 2017 of the appraisal company notiss.ru.

DAMAGE TERMS AND CONDITIONS

2.1. the owner of apartment No. 899 compensates for damage from flooding in the amount of (two hundred and thirteen thousand) rubles.

Free legal advice:

2.2. Payment terms:

2.3. Settlements between tenants can be made in cash and non-cash.

Free legal advice:

RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The owner of apartment No. 879 is obliged:

a) issue a receipt for the receipt of funds as compensation for damage from flooding (see Appendix 1);

3.2. The owner of apartment No. 899 is obliged:

a) pay the entire amount of compensation within the terms and in the amount specified in this agreement;

b) take measures to prevent re-flooding.

Free legal advice:

ENTRY INTO FORCE, TERM AND VALIDITY OF THE AGREEMENT

4.1. The Agreement comes into force from the moment of its conclusion and is valid until the full fulfillment of their obligations by the Parties.

4.2. The agreement is terminated if:

Full compensation for damage from the bay, in the amount specified in this agreement;

Termination of the Agreement by decision of the judicial authorities;

Death of the Responsible Person.

Free legal advice:

5.2. On issues not regulated by this Agreement, the Parties are guided by the current legislation.

Owner of apartment #899: Owner of apartment #879:

Receipt for receiving money (compensation) for damage

1_________ 2017

Free legal advice:

Sergeev P.I.

Novikova K.N.

APPENDIX No. 2 Act on the flooding of the Zhilischnik company dated 12/25/2016

One page with a conclusion from a 70-page damage calculation document

Free legal advice:

Sample settlement agreement in a civil case

Under the settlement agreement is understood the desire of the parties to end the litigation by mutual agreement. By signing the settlement agreement, the parties can reflect the procedure for paying court costs, as well as paying the costs associated with the provision of legal assistance, payment of fees, etc.

The settlement agreement may enter into force not only during the trial, but also at other stages, in the case of consideration of the case by the court of cassation, at the stage of execution of the judgment.

In some cases, the settlement agreement is mistakenly identified with the pre-trial settlement of the dispute. A settlement agreement is a judicial document endowed with legal force.

The judge has the opportunity to propose to the parties at the stage of preparing the case for trial to conclude an amicable agreement.

Free legal advice:

The controlling body, in this case, is the court, because it is he who will approve the settlement agreement, if it does not contradict the current legislation or violate the interests of other persons.

The settlement agreement can be concluded orally, then in the court session the protocol reflects the desire of the parties and they leave their signatures in it. In the case of drawing up a settlement agreement in writing, it is attached to the case.

The court approves the amicable agreement and issues a ruling to terminate the proceedings in the case in which the amicable agreement is concluded.

The settlement agreement includes the following items:

the name of the court in which the case is heard;
name and details of the claim;
persons participating in the case or their representatives;
the claims of the plaintiff and the claims of the counterclaim, if any;
a list of requirements agreed by the parties;
a list of actions to be performed by the plaintiff, the defendant and third parties, and their terms;
method of distribution of legal costs;
at the end of the text of the settlement agreement, it is necessary to stipulate the desire of the parties to approve the settlement agreement and terminate the proceedings, as well as that the consequences, in the event of termination of the proceedings, are explained and understandable to the parties.

The main point in the settlement agreement is that it is impossible to indicate any obligations of the participants in the trial, which are in no way related to the subject of the dispute.

Free legal advice:

Moscow, Moscow region

Settlement agreement: sample

Claimant: Kharin Sergey Vadimovich.

Free legal advice:

Respondent: Khrust Alla Nikolaevna.

settlement agreement

Kharin Sergey Vadimovich represented by Eduard Manukovich Davydyan, acting on the basis of a power of attorney, hereinafter referred to as the Claimant, Khrust Alla Nikolaevna represented by Nina Georgievna Stizhko, acting on the basis of a power of attorney, hereinafter referred to as the Respondent, (hereinafter referred to as the Parties), having discussed the subject of the claim among themselves, pending before the district court, and on the basis that

the parties came to a peaceful solution;
repair the damage.

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The parties agree among themselves that under this amicable agreement, the Respondent shall reimburse the Claimant for cash in the amount of 52,000 rubles, constituting the costs of paying for the damage caused. The term of compensation is set at thirty calendar days, the expiration of which begins on the day following the approval of this amicable agreement by the district court.

How to write a petition for a pre-trial cooperation agreement, read here.

In turn, the Claimant waives its claims against the Respondent in the form of reimbursement of the costs of restoring the fence in total.

We ask the district court to approve this amicable agreement and terminate the proceedings.

This amicable agreement is made in three copies, one for each of the Parties and for the district court. The settlement agreement comes into force after its approval by the district court.

We are aware of the consequences of termination of the proceedings provided for by this legislation.

Free legal advice:

Styzhko N. G.___________

Settlement agreement: form

Agreement form here.

settlement agreement

_______________________ "__" _________ 200__

Represented by _____________________ acting on the basis of ___________________, hereinafter referred to as the Plaintiff, ________________________________ represented by ________________ acting on the basis of __________________, hereinafter referred to as the Respondent, (hereinafter referred to as the Parties), having discussed among themselves the subject of the claim pending ___________________ court, and based on that

Free legal advice:

came to the conclusion that it is possible to end the consideration of this dispute amicably and conclude an amicable agreement between the Parties on the following conditions:

The parties agree among themselves that under this amicable agreement, the Respondent shall reimburse the Claimant the money in the amount of ________________, which constitutes the costs of paying the _____________ fee. The compensation period is set at thirty calendar days, the expiration of which begins on the day after the approval of the _______________ court of this settlement agreement.

In turn, the Plaintiff waives his claims against the Respondent in the form of reimbursement of expenses _____________________________ in the amount of _________________.

We ask the ____________________ court to approve this amicable agreement and terminate the proceedings.

This amicable agreement is made in three copies, one for each of the Parties and for _________________ court. The settlement agreement comes into force after its approval by _________________ court.

Free legal advice:

We are aware of the consequences of terminating the proceedings provided for by _______________________________.

Signatures of the Parties to this settlement agreement:

Settlement agreement on the division of hereditary property

Agreement form here.

Agreement on the division of hereditary property

________, ________

We, gr. _____________, _________ year of birth, place of birth: _____________________, citizenship: Russian Federation, gender: female; passport series ____ number _______, issued by __________ DEPARTMENT FOR THE DISTRICT __________ OF THE OUFMS OF RUSSIA FOR THE GOR. _______ In CJSC, subdivision code _______; residential address: ____________________, on the one hand,

and gr. ___________________________, ________________ year of birth, place of birth: Moscow, citizenship: Russian Federation, gender: female; passport series _____ number _________, issued on __________, _______________________________________, subdivision code: ____-____; address of residence: ___________________________________________, on the other hand,

have entered into this agreement as follows:

According to the certificate of the right to inheritance under the law issued by _______________________________________________________, we are heirs in equal shares of each of the property of the deceased ___________ year ______________, __________, consisting of: - a two-room apartment located at: __________________________; - a summer cottage with a house located at: ___________________; - a garage located ____________________________________; - debt under loan agreement No. _________________ dated __________ 2. In accordance with Art. 1165 of the Civil Code of the Russian Federation, by this agreement, we make the section of the specified hereditary property as follows: 2.1. The property of ____________________ is transferred to the apartment at the address: ______________________________, consisting of 2 (two) rooms, with a total area of _____ (_________________) sq. m, total area including living area ______ (_____________________________) sq. m. 2.2. A summer cottage with a house at the address: _________________________________ passes into the ownership of ____________, with a total area of ____________ sq.m. 2.3 The garage located at the address: ____________________________________________, with a total area of _____ sq.m., passes into the ownership of ___________. 2.4 Divide the amount in the amount of ________________ under the loan agreement No. _________ dated ______ between ________________ and _____________________________ in equal shares. 3. By the time of the conclusion of this Agreement, the above property has not been pledged, is not under arrest and is not burdened with any other obligations. 4. This Agreement shall enter into force upon its signing by both parties. 5. From the moment specified in paragraph 4 of this Agreement, the Parties under this Agreement become the owners of the property, in accordance with paragraphs. 2.1,2.2,2.3,2.4 of this Agreement. 6. Unilateral refusal to execute this Agreement is not allowed. 7. In all other respects 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) original copies of equal legal force, which are held by the Parties under this Agreement. ____________/______________ (signature) (full name) ____________/______________ (signature) (full name)

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Agreement on compensation for damage caused by the bay of the apartment

An agreement on compensation for damage caused by the flood of an apartment is the easiest painless way out of the current situation with the flooding of your apartment, however, the perpetrator of the incident very rarely goes this way, preferring to bring the case to court. Management companies often do the same.

Please note: even if you have an amicable agreement with your neighbors, you must definitely certify this legally, otherwise problems cannot be avoided in case of dishonesty of the perpetrators. Read more about all the nuances in the articles section.

Also, even if an agreement is drawn up on compensation for damage caused by the flood of the apartment, an independent examination is necessary after the flooding of the apartment, without this document, your requirements are unfounded for the court.

You can always get a free consultation at Uyut-Service by calling our hotline if something is not clear to you. Below we give you a sample agreement on compensation for damage caused by the bay of the apartment. Below we provide a sample agreement on compensation for damage caused by the bay of the apartment.

Sample agreement for compensation for damage caused by the bay of the apartment

Agreement N _____ on compensation for damage caused by the bay of an apartment in _______________ "___" __________ ____

We hereinafter refer to __ as the “Responsible Person”, represented by ______________, acting ___ on the basis of ______________, and ______________, hereinafter referred to as __ the “Victim”, represented by _______________, acting ___ on the basis of _______________, collectively referred to as the “Parties”, and individually as the “Party”, concluded this Agreement as follows:

1. SUBJECT OF THE AGREEMENT 1.1. This Agreement is concluded on the basis of Art. 1064 of the Civil Code of the Russian Federation and _____________________________________________________________. (indicate the documents that confirm the fact of causing and the amount of damage) 1.2. Under this Agreement, the Responsible Person undertakes to voluntarily compensate for the damage caused by "___" ____ as a result of flooding the Victim's apartment located at: ___________________________________________________ in the amount of _______ (__________________) rubles. 1.3. The victim has the right to compensation in excess of damages in the amount of _____ (_______________) rubles.

2. TERMS OF COMPENSATION FOR DAMAGE 2.1. The Responsible Person compensates the Victim for damages in the amount of _____ (_______________) rubles. 2.2. Terms of payment: - the first installment in the amount of _____ (_______________) rubles is payable before "___" __________ ____; - the remaining part in the amount of _____ (_______________) rubles is payable before "___" __________ ____ 2.3. Compensation in excess of damages in the amount of _____ (______________) rubles is payable by the Responsible Person to the Victim before "___" __________ ____ in the following case: ____________________________________________. 2.4. Settlements between the Parties are made in a non-cash manner, and settlements can also be made in cash.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES 3.1. The victim is obliged to: a) in the case of cash settlements, issue a receipt to the Responsible Person for receiving the amounts of compensation for damage and compensation in excess of compensation for damage; b) not to disclose information about the amounts of damages, compensation and other confidential information that became known in connection with the conclusion of this Agreement. 3.2. The responsible person is obliged: a) to inform the Victim of all circumstances known to him that are important for assessing the amount of compensation and compensation; b) timely and in full pay the established amount of compensation and compensation; c) take the necessary and possible measures to prevent other cases of damage to the Victim, to reduce the consequences of the damage caused.

4. ENTRY INTO FORCE, TERM AND VALIDITY OF THE AGREEMENT 4.1. The Agreement comes into force from the moment of its conclusion and is valid until the full fulfillment of their obligations by the Parties. 4.2. The Agreement is terminated in the event of: - full compensation for damage and compensation in excess of compensation for damage to the Injured by other persons; - liquidation (or: death) of the Responsible person; - termination of the Agreement by a court decision; - in other cases stipulated by the legislation of the Russian Federation. 4.3. The victim has the right to withdraw from this Agreement (prematurely terminate the Agreement unilaterally) at any time.

5. OTHER CONDITIONS 5.1. Disputes arising in the process of fulfilling obligations under this Agreement shall be resolved through negotiations between representatives of the Parties. If it is impossible to reach an agreement on controversial issues, their decision is submitted to the court for consideration 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 made in _____ copies.

Annexes: 1. Protocol (decision, act, etc.) dated "___" ____, N _____ on causing damage. 2. Calculation of the amount of compensation.

6. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Responsible person: Victim: ________________________ ____________________________ ____________________________ ________________________ ____________________________ ________________________ ________________________ ________________________

________________________ ____________________________ (M.S.) (M.S.)

Lawyers Answers (5)

The agreement can be drawn up in any form. Then be sure to draw up a separate document (act, receipt) stating that, according to this agreement, they received money from you and have no claims.

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According to the judgment. in particular, the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 22, 2011 N 13903/10, the non-inclusion in the text of the amicable agreement of the conditions on the need to fulfill any additional obligations means an agreement of the parties on the complete cessation of the civil law conflict and entails the loss of the parties' right to put forward new claims (estoppel) arising from both the main obligation and additional obligations in relation to the main one.

A settlement agreement is drawn up if there is a court, and it’s possible to make a receipt in the presence of 2 witnesses (neighbors, not relatives, passport data are required) ... I am Petr Petrovich (owner of apartment No., address), I report passport data that the damage caused by such a citizen then (passport data) has been eliminated in full, the work has been carried out properly and of good quality. I have no complaints ... Do not throw away receipts for building materials purchased for repair

I advise you to apply also to an expert organization that will assess the damage caused by flooding. According to this assessment, you will pay the cost of the damage. Of course, do not forget about the receipt. This will help you avoid litigation over the amount of damages in the future.

Greetings. They have to go to court, and then let them draw up a settlement agreement, you will adjust its terms if you disagree with anything, and then it will be approved by the court. If you yourself draw up, then it is drawn up in any form, indicating what actions you need to take as a debtor in pursuance of this agreement.

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ruling on approval of amicable agreement on compensation for damage caused by the bay of the apartment

DEFINITION

city of Kiselevsk March 31, 2011

Kiselevsky city court of the Kemerovo region

presiding judge - Simonova S.A.,

with the participation of the representative of the plaintiff Satunkina H.The. - Satunkina Yu.N.,

defendant - Betenekova O.N.,

the representative of the defendant - the lawyer of the Kiselevsk Bar Association No. 1 of the city of Kiselevsk - Andryukhin L.I.,

representative of a third party LLC "Dom SK plus" - Gavrilova E.P.,

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with the secretary - Gogol O.A.,

hearing in open court a civil case

according to the claim: Satunkina N.V. to Betenekov O.N. for compensation for damage caused by flooding of the apartment,

u s t a n o v i l:

Satunkin N.V. filed a lawsuit against Betenekov Oh.GN. for compensation for damage caused by flooding of the apartment.

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The claims are motivated by the fact that on the basis of a certificate of the right to inheritance under the law issued by a notary of the Kiselevsk notarial district of the Kemerovo region DD.MM.YYYY, he is the owner of an apartment located at the address: Kemerovo region, the city of Kiselevsk,<адрес>. The apartment is located on the third floor of a five-story brick residential building. On July 30, 2009, in the apartment of the defendant, who lives on the floor above, the plumbing was repaired on his own (the sewer pipes, hot and cold water pipes were replaced), as a result of which there was a leak of cold water in the bathroom and flooded the plaintiff's apartment. As a result of flooding, damage was caused to the living quarters - the floorboards in the corridor swelled, the paint peeled off, the plaster got wet, the electrical wiring was damaged, the front door swelled and warped. In the kitchen, the hardboard flooring was deformed, the paint flew off the floor lath, the plaster got wet and the wallpaper came off. Divorces appeared on the ceiling of the living room, the floor lath got wet, deformed and peeled off, wallpaper got wet and peeled off, upholstered furniture got wet, the fiberboard flooring was deformed. According to report No. 270/10 on determining the market value of repair and restoration work in the plaintiff's apartment, the material damage due to the flood of the apartment amounted to<данные изъяты>ruble.

He asks to recover from Betenekova Oh.N. total material damage<данные изъяты>ruble caused by the flooding of an apartment located at the address: the city of Kiselevsk<адрес>. In addition recover from Betenekova Oh.GN. in his favor the state duty paid in the amount of<данные изъяты>rubles, the amount paid in the amount<данные изъяты>rubles to LLC "Price - Service" for conducting an examination to determine the market value of repair and restoration work in an apartment located in the city of Kiselevsk on<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 Department of the Federal Registration Service for the Kemerovo Region, the Kiselevsk department on the owner of apartment No. 73 at the address of the city of Kiselevsk,<адрес>as well as court costs, for drawing up a statement of claim in the amount of<данные изъяты>rubles.

At the hearing, the parties came to an amicable agreement, under the terms of which the representative of the plaintiff Satunkina N.V., - Satunkina Yu.N., acting on the basis of a power of attorney with seven rights of a party in the process, reduces the stated claims from<данные изъяты>rubles to<данные изъяты>rubles. Into the amount<данные изъяты>rubles, paid by the defendant Betenekov Oh.GN. to the plaintiff Satunkin N.V., set off a sum 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 be discontinued. The parties have no other material claims against each other. The representative of the plaintiff Satunkina Yew.N. denied the claims made.

The text of the settlement agreement, signed by the parties, is attached to the case file. The parties were explained the consequences of concluding a settlement agreement and terminating the proceedings under Art. 221 of the Code of Civil Procedure of the Russian Federation, namely, a repeated appeal to the court in a dispute between the same parties, on the same subject and on the same grounds, is not allowed. The court, having heard the opinion of the participants in the process, having studied the materials of the case, considers it possible to approve the specified amicable agreement, since it does not contradict the law, does not violate the rights and legitimate interests of other persons.

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 p e d e l i l:

Approve the settlement agreement concluded between the representative of the plaintiff Satunkina H.The. - Satunkina Yu.N. and defendant Betenekov Oh.GN. under the terms of which:

the representative of the plaintiff Satunkina H.The. - Satunkina Yu.N. lowers the claims made<данные изъяты>rubles to<данные изъяты>rubles. Into the amount<данные изъяты>rubles, paid by the defendant Betenekov Oh.GN. plaintiff Satunkinu H.The. set aside a sum of money<данные изъяты>rubles. total defendant Betenekov Oh.GN undertakes to pay in favor of the plaintiff Satunkina H.The. amount of money -<данные изъяты>ruble in compensation for damage caused by flooding of the apartment, court costs in the amount<данные изъяты>rubles, total in the total amount -<данные изъяты>rubles, which undertakes to pay in favor of the plaintiff within one year six months, the amount of payment monthly is not less than<данные изъяты>rubles.

The parties have no other material claims against each other.

Proceedings in the present case to stop, in connection with the approval of the amicable agreement.

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A private complaint may be filed against the ruling with the Kemerovo Regional Court within ten days from the date of its issuance.

Settlement Agreement Sample

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A settlement agreement is a document confirming the consent of the parties to the litigation to terminate litigation and amicably resolve the dispute. During the proceedings, the judge without fail finds out the likelihood of concluding such a document. If the parties agree, the court makes an appropriate decision. Compliance with the law during the drafting of the text of the settlement agreement is also controlled by the court.

Types of agreements

A settlement agreement may be written or oral. If the parties did not have time, before the start of the court session, to prepare the text of the document, but are confident in their intentions, then one should not despair. This can be done during the court hearing. Such an expression of the will of the parties shall be recorded in the minutes of the court session and certified by the signatures of the parties.

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The settlement agreement must contain the following mandatory provisions:

the name of the judicial body that deals with the case;
details of the claim;
a list of participants in the process or their representatives;
a list of the plaintiff's claims;
the timing of the decision on this claim;
the amount of court costs, as well as ways of their distribution between the parties to the process;
the petition of the parties for the court to accept the settlement agreement, as well as the completion of the proceedings in this case.

After the acceptance and approval by the court of this agreement, it immediately acquires legal force, and, accordingly, is subject to urgent implementation. Signing the document helps the parties save time and costs in lengthy litigation. The plaintiff in this case will receive back the amount spent on paying the state fee when filing 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 to the case must clearly understand its legal nature and the consequences of such actions. The legal significance of the settlement agreement lies in the fact that such a document, the parties to the trial, indicate the termination of the dispute in relation to a certain situation. Therefore, regarding this dispute, the parties will no longer be able to re-sue.

Settlement Agreement Sample

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who acts in accordance with the power of attorney issued by ______________________________ under the number _______ - one Party, as well as a citizen of ___________________________________________________, hereinafter referred to as (full name *)

“Plaintiff”, on behalf of whom the representative of _____________________________ acts, acting under a power of attorney certified by a notary of the city of _____________________________________________,

(based on license number ______, issued on “__” ___________ ____),

registration record “__” __________ ____ under the number. ___________, - the other Party, (together referred to as the Parties according to the statement of claim under the number ___________, have jointly decided to enter into this agreement.

Settlement agreement, which provide for the following conditions:

1. This document is signed by the Parties in accordance with the provisions of Art. 39, 173 Code of Civil Procedure of the Russian Federation, as well as being guided by the norms of Art. 101 of the Code of Civil Procedure of the Russian Federation in order to settle the dispute by the mutual will of both Parties, which entailed the presentation of this claim.

2. According to the terms of this Settlement Agreement, the Respondent undertakes the obligation to partially satisfy the requirements of the Claimant, specified in the statement of claim No. _______ of "______" ______________, for the total amount of _____________ (_________________________________________________________________) rubles.

(requirement size in capital letters)

3. With this Settlement Agreement, the Claimant confirms its complete renunciation of the substantive legal requirements previously declared by it against the Respondent, which are the subject of the said statement of claim.

4. The amount of the debt, in accordance with paragraph 2 of this agreement, is payable to the Claimant within _________ in cash at the following address:

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On the basis of a court ruling prepared in accordance with the norms of the law and approving this agreement, which is presented by the Claimant.

5. The costs of filing a claim, legal services, and other related costs incurred by the Parties are not reimbursed.

Settlement statement

_________________ “__”___________ ____

Based on the norms of the current procedural legislation, we appeal to the court with the following:

We, the parties in case No. _________, subject _________, ask the court to accept and approve this Settlement Agreement.
Terminate legal proceedings in case No. ____________ for the claim ________ about ____________.
The parties are familiar with the consequences associated with the termination of legal proceedings in this case, associated with the signing of the Settlement Agreement by them. Text Art. 221 Code of Civil Procedure of the Russian Federation is explained and understandable to the Parties.

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Sample settlement agreement in a civil case

In some cases, the settlement agreement is mistakenly identified with the pre-trial settlement of the dispute. A settlement agreement is a judicial document endowed with legal force.

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The judge has the opportunity to propose to the parties at the stage of preparing the case for trial to conclude an amicable agreement.

The court approves the amicable agreement and issues a ruling to terminate the proceedings in the case in which the amicable agreement is concluded.

The settlement agreement includes the following items:

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the name of the court in which the case is heard;
name and details of the claim;
persons participating in the case or their representatives;
the claims of the plaintiff and the claims of the counterclaim, if any;
a list of requirements agreed by the parties;
a list of actions to be performed by the plaintiff, the defendant and third parties, and their terms;
method of distribution of legal costs;
at the end of the text of the settlement agreement, it is necessary to stipulate the desire of the parties to approve the settlement agreement and terminate the proceedings, as well as that the consequences, in the event of termination of the proceedings, are explained and understandable to the parties.

The main point in the settlement agreement is that it is impossible to indicate any obligations of the participants in the trial, which are in no way related to the subject of the dispute.

Moscow, Moscow region

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Settlement agreement: sample

Claimant: Kharin Sergey Vadimovich.

Respondent: Khrust Alla Nikolaevna.

the parties came to a peaceful solution;
repair the damage.

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How to write a petition for a pre-trial cooperation agreement, read here.

In turn, the Claimant waives its claims against the Respondent in the form of reimbursement of the costs of restoring the fence in total.

We ask the district court to approve this amicable agreement and terminate the proceedings.

This amicable agreement is made in three copies, one for each of the Parties and for the district court. The settlement agreement comes into force after its approval by the district court.

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We are aware of the consequences of termination of the proceedings provided for by this legislation.

Styzhko N. G.___________

Settlement agreement: form

_______________________ "__" _________ 200__

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came to the conclusion that it is possible to end the consideration of this dispute amicably and conclude an amicable agreement between the Parties on the following conditions:

In turn, the Plaintiff waives his claims against the Respondent in the form of reimbursement of expenses _____________________________ in the amount of _________________.

We ask the ____________________ court to approve this amicable agreement and terminate the proceedings.

This amicable agreement is made in three copies, one for each of the Parties and for _________________ court. The settlement agreement comes into force after its approval by _________________ court.

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We are aware of the consequences of terminating the proceedings provided for by _______________________________.

Signatures of the Parties to this settlement agreement:

Settlement agreement on the division of hereditary property

on the division of inheritance property

________, ________

We, gr. _____________, _________ year of birth, place of birth: _____________________, citizenship: Russian Federation, gender: female; passport series ____ number _______, issued by __________ DEPARTMENT FOR THE DISTRICT __________ OF THE OUFMS OF RUSSIA FOR THE GOR. _______ In CJSC, subdivision code _______; residential address: ____________________, on the one hand,

have entered into this agreement as follows:

According to the certificate of the right to inheritance under the law, issued by _______________________________________________________, we are heirs in equal shares of each of the property of the deceased ___________ year ______________, __________ year of birth, consisting of:

Two-room apartment located at: __________________________;

A summer cottage with a house located at: ___________________;

Garage, located ____________________________________;

Debt under loan agreement No. _________________ dated __________

2. In accordance with Art. 1165 of the Civil Code of the Russian Federation, by this agreement, we divide the said hereditary property as follows:

2.1. The property of ____________________ is transferred to the apartment at the address: ______________________________, consisting of 2 (two) rooms, with a total area of _____ (_________________) sq. m, total area including living area ______ (_____________________________) sq. m.

2.2. A summer cottage with a house at the address: _________________________________ passes into the ownership of ____________, with a total area of ____________ sq.m.

2.3 The garage located at the address: ____________________________________________, with a total area of _____ sq.m., passes into the ownership of ___________.

2.4 Divide the amount in the amount of ________________ under the loan agreement No. _________ dated ______ between ________________ and _____________________________ in equal shares.

3. By the time of the conclusion of this Agreement, the above property has not been pledged, is not under arrest and is not burdened with any other obligations.

4. This Agreement shall enter into force upon its signing by both parties.

5. From the moment specified in paragraph 4 of this Agreement, the Parties under this Agreement become the owners of the property, in accordance with paragraphs. 2.1,2.2,2.3,2.4 of this Agreement.

6. Unilateral refusal to execute this Agreement is not allowed.

7. In all other respects 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) original copies of equal legal force, which are held by the Parties under this Agreement.

If you want to know how to solve your particular problem, please use the online consultant form on the right. It's fast and free! Or call us at:

Moscow, Moscow region

St. Petersburg, Leningrad region

Federal number (call is free for all regions of Russia)!

Agreement on compensation for damage caused by the bay of the apartment

An agreement on compensation for damage caused by the flood of an apartment is the easiest painless way out of the current situation with the flooding of your apartment, however, the perpetrator of the incident very rarely goes this way, preferring to bring the case to court. Management companies often do the same.

You can always get a free consultation at Uyut-Service by calling our hotline if something is not clear to you. Below we give you a sample agreement on compensation for damage caused by the bay of the apartment. Below we provide a sample agreement on compensation for damage caused by the bay of the apartment.

Sample agreement for compensation for damage caused by the bay of the apartment

Agreement N _____ on compensation for damage caused by the bay of the apartment

_______________ "___" __________ ____

1.1. This Agreement is concluded on the basis of Art. 1064 of the Civil Code of the Russian Federation and _____________________________________________________________.

(indicate the documents that confirm the fact of causing and the amount of damage)

1.2. Under this Agreement, the Responsible Person undertakes to voluntarily compensate for the damage caused by "___" ____ as a result of flooding the Victim's apartment located at: ___________________________________________________ in the amount of _______ (__________________) rubles.

1.3. The victim has the right to compensation in excess of damages in the amount of _____ (_______________) rubles.

2. TERMS OF COMPENSATION FOR DAMAGE

2.1. The Responsible Person compensates the Victim for damages in the amount of _____ (_______________) rubles.

2.2. Payment terms:

The first installment in the amount of _____ (_______________) rubles is payable before "___" __________ ____;

The remaining part in the amount of _____ (_______________) rubles is payable before "___" __________ ____.

2.3. Compensation in excess of damages in the amount of _____ (______________) rubles is payable by the Responsible Person to the Victim before "___" __________ ____ in the following case: ____________________________________________.

2.4. Settlements between the Parties are made in a non-cash manner, and settlements can also be made in cash.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The victim must:

a) in the case of cash settlements, issue a receipt to the Responsible Person for receiving the amounts of compensation for damage and compensation in excess of compensation for damage;

b) not to disclose information about the amounts of damages, compensation and other confidential information that became known in connection with the conclusion of this Agreement.

3.2. The responsible person must:

a) inform the Victim of all circumstances known to him that are important for assessing the amount of compensation and compensation;

b) timely and in full pay the established amount of compensation and compensation;

c) take the necessary and possible measures to prevent other cases of damage to the Victim, to reduce the consequences of the damage caused.

4. ENTRY INTO FORCE, TERM AND VALIDITY OF THE AGREEMENT

4.1. The Agreement comes into force from the moment of its conclusion and is valid until the full fulfillment of their obligations by the Parties.

4.2. The agreement is terminated if:

Full compensation for damage and compensation in excess of compensation for damage to the Victim by other persons;

Liquidation (or: death) of the Responsible person;

Termination of the Agreement by a court decision;

In other cases stipulated by the legislation of the Russian Federation.

4.3. The victim has the right to withdraw from this Agreement (prematurely terminate the Agreement unilaterally) at any time.

5.1. Disputes arising in the process of fulfilling obligations under this Agreement shall be resolved through negotiations between representatives of the Parties. If it is impossible to reach an agreement on controversial issues, their decision is submitted to the court for consideration 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 made in _____ copies.

1. Protocol (decision, act, etc.) dated "___" ____, N _____ on causing damage.

/ How is an amicable agreement on compensation for damage in case of flooding an apartment drawn up?

How is an amicable agreement on compensation for damage in case of flooding an apartment drawn up?

The Flood Indemnity Agreement, a sample of which is presented in this article, is a guarantee that the injured person will receive compensation for the inconvenience caused. Timely preparation of this document simplifies the resolution of the dispute.

Damage caused by flooding

The document allows you to resolve the conflict between neighbors out of court or in court, without waiting for a decision. It has several purposes, namely:

Saves time and nerves on lengthy proceedings;
Allows neighbors to come to a common denominator on their own;
Maintains good relations between the parties to the incident.

Respectable neighbors, as a rule, go forward on their own. This applies to both parties. If the culprit understands that because of him damage has been done to the residents below, the latter should not take the opportunity to twist the neighbor's arms in order to make a long-planned repair at his expense.

It is simple to draw up an agreement on compensation for damage by the bay of the apartment for the following reasons:

Does not require a strict form.
Compiled randomly.
Notarial certification is optional.

The main information that an agreement on compensation for damage by the bay of an apartment should contain:

The fact itself is the date, time and place, the essence of what happened.
Detailed list of damaged property.
The amount of damage caused for each damaged item.
The date of the document and signature.

Additionally, it is advised to conduct a video recording, on which the damage caused is removed. At the same time, the owner or filmer, another person must comment on the image.

When shooting video, you don't need to be overly theatrical. Judges do not welcome when a meeting turns into a theater or a circus. The main requirements for the video are dry and clear facts, completeness of the description.

The main goal pursued by the document and all additions to it is to determine the amount of obligations of the perpetrator to the injured party. It is recommended to indicate in writing the period after which the damage will be compensated.

The advantages of this method

The considered agreement on compensation for damage by the bay of the apartment is more profitable than a statement of claim in court, because it saves:

The time it takes to consider the application to the court;
Money for legal services, state duty, expert opinion.

It takes 2 months to consider a claim only in the first instance according to the procedural legislation. An appeal and cassation are also provided, because of which the process can drag on for six months or a year or more.

The objection that all costs incurred will be passed on to the defendant is valid if the claim is upheld. Otherwise, they will not be refunded. And the result of the consideration of the case is not obvious, especially when saving on legal services.

The law (clause 1 of article 1064 of the Civil Code of the Russian Federation) establishes that the perpetrators of causing damage to the property of another person are obliged to compensate it in full.

In addition, the financial situation of a neighbor who flooded an apartment may turn out to be precarious. The court makes a decision, the writ of execution is sent to the Federal Bailiffs Service, who will not be able to execute it if the culprit does not officially work, and from his property he has old office equipment and furniture.

Sample document

As stated above, the document is free-form, but it is recommended that certain items be included. They facilitate the work of the judge, he quickly finds the necessary provisions of the agreement. The document must contain:

A name that indicates the content, for example, a contract for compensation for property damage;
Place and date of compilation.
Parties (full name) who sign the document.
Subject of the agreement. The address at which the incident occurred is entered (city, street, house and apartment number), the name of the damaged items, if they are not included in a separate application.
The amount of damage inflicted in national currency, the procedure for making payments and settlements.
Rights and obligations of the parties.
Responsibility of the parties.
Settlement of disputes.

At the end, the passport details of the signatories with the address of residence are indicated. Such a procedure will allow the parties to include specific, unambiguous conditions for the fulfillment of obligations and their volumes.

Pretrial detention process

The main requirement when an agreement is drawn up on compensation for damage by the bay of an apartment is not to delay signing it. Time does not play in favor of the victim. Action algorithm:

It is necessary to show the culprit the result of his carelessness or negligence.
Discuss with him the amount and terms of compensation.
Draw up an agreement, get a signature from a neighbor.

At the same time it is necessary:

Invite employees of the organization that services the house (management company or housing office), a specialist expert;
Explain the situation to them
Achieve compiling.

When drawing up the act, the presence of the culprit is desirable. He is one of the signatories. But if an agreement on damages has already been drawn up, such actions can be regarded as unneighbourly.

In order to maintain normal relations and insure just in case, it is recommended that you first draw up an act, then discuss the conditions for compensating for damaged property. This document will be the main one when considering the case in court if the perpetrator refuses to pay damages.

We take into account the nuances

If it was not possible to reach a consensus immediately and you have to go to court, it is not necessary to wait for a verdict. The culprit can be persuaded to conclude a settlement agreement when the apartment is flooded. This is better than waiting for the court's decision and the results of the bailiffs' work.

Features of the settlement agreement:

It is drawn up both during judicial and enforcement proceedings;
It is approved by the court considering the claim for damages when the apartment is flooded.

The culprit does not always meet immediately, he believes that it will not come to trial. Indeed, it is not easy to comply with all the requirements, correctly fix the damage. But the subpoena is an occasion to think and go towards the injured neighbor.

If the parties come to a mutual agreement, they draw up and sign the specified document.

Making a receipt

This is another option that allows you to get out of an unpleasant situation quickly, without going to court. It is allowed if the perpetrator agrees with the requirements of the injured party. In this case, a loan agreement is drawn up, which is concluded in writing in accordance with the provisions of Art. 808 of the Civil Code of the Russian Federation.

The legislator has not established strict requirements for issuing a receipt. But practicing lawyers recommend insuring and include as much information as possible in this document.:

Passport data of the parties, including series, passport number, issuer, address of registration.
Who borrows money from whom, the exact amount.
The period by which the borrower undertakes to pay off the obligations.
Payment procedure.
Date and place of compilation.
Signatures of persons.

As a general rule, the borrower's signature is required. The injured person puts it in the event that, according to the terms of the receipt, he is required to perform any actions. This document can be drawn up by hand or using office equipment. In the latter case, it is easy to make the document as complete as possible, taking as a basis, for example, a sample agreement on compensation for damage during the bay of an apartment.

The court may question this document in the following cases:

An exceptional circumstance has been established that casts doubt on the fact of the loan;
The transaction was made by a person recognized as legally incompetent;
The receipt for the flooding of the apartment was drawn up under threats, including with the use of violence.

Useful video

Conclusion

An agreement on compensation for damage when an apartment is flooded is a way out that allows all parties to adequately get out of a difficult situation. It is advisable to resort to it only in the case of the voluntary participation of the perpetrator. But if he delays signing this document, this is a signal for the victim that it will not work peacefully and simply to disperse, he will have to go to court.

It is necessary to conclude an agreement with a neighbor immediately, on the first day of the incident. The victim still has time to fix the damage, the situation is obvious for the employees of the housing office, they are more willing to draw up an act, the work of an expert is simplified. Delay complicates the situation, leads to financial losses.

concept

Legislation

The essence of the document

Video: to sign or not

Pre-trial decision

At what point is it made

Which parties are involved

Based on what

Settlement Agreement Sample

Structure

What data does it contain

Is it possible to conclude in court proceedings

Factors allowing an agreement

Why is it important to have an assessment

Sample agreement for compensation for damage from flooding an apartment

Receipt for receiving money (compensation) for damage

Benefits of peaceful conflict resolution

Procedure for the peaceful resolution of the conflict

Indemnity Agreement

Receipt for the transfer of funds

Apartment bay agreement

The management company and the victim

When interests don't match

What happens if the parties agree?

When the neighbor is to blame

Gulf Indemnity Agreement

Sample agreement for compensation for damage from flooding an apartment

Receipt for receiving money (compensation) for damage

Sample settlement agreement in a civil case

Settlement agreement: sample

Settlement agreement: form

Settlement agreement on the division of hereditary property

Agreement on compensation for damage caused by the bay of the apartment

Sample agreement for compensation for damage caused by the bay of the apartment

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ruling on approval of amicable agreement on compensation for damage caused by the bay of the apartment

DEFINITION

city ​​of Kiselevsk March 31, 2011

Kiselevsky city court of the Kemerovo region

Settlement Agreement Sample

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Settlement Agreement Sample

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Sample settlement agreement in a civil case

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Agreement on compensation for damage caused by the bay of the apartment

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How is an amicable agreement on compensation for damage in case of flooding an apartment drawn up?

Damage caused by flooding

The advantages of this method

Sample document

Pretrial detention process

We take into account the nuances

Making a receipt

Useful video

Conclusion

city of Kiselevsk March 31, 2011