Question

Дима Елкин, 13 лет, обменял коллекцию марок и гитару на велосипед, принадлежащей старшеклассникам братьям Шариповым: Ильдару 17 лет и Руслану 18 лет. Родители Шариповых знали об обмене и не возражали. Дима совершил обмен с разрешения бабушки, потому что его родители были в длительной командировке. Дима, катаясь на велосипеде, часто падал, - в результате чего велосипед был поврежден. Вернувшись из командировки, родители Димы потребовали от братьев Шариповых возврат гитары и коллекцию марок. Получив отказ Елкины обратились в суд. Подлежит ли иск удовлетворению?

Answer 1

Нет, потому что Диме разрешила бабушка а остальное уже не должно касаться Шариповых 

Answer 2

Background Information

- Dimа Elkin, 13 years old, exchanged his stamp collection and guitar for a bicycle belonging to the Sharipov brothers, Ildar (17 years old) and Ruslan (18 years old). - The Sharipov brothers' parents were aware of the exchange and did not object. - Dimа made the exchange with the permission of his grandmother because his parents were on a long business trip. - Dimа frequently fell while riding the bicycle, resulting in damage to the bicycle. - When Dimа's parents returned from their business trip, they demanded the return of the guitar and stamp collection from the Sharipov brothers. - After being refused, the Elkin family filed a lawsuit.

Analysis

The question is whether the Elkin family's lawsuit should be granted.

Legal Considerations

To determine whether the Elkin family's lawsuit should be granted, we need to consider the legal aspects of the situation. The key factors to consider are:

1. Age of the parties involved: Dimа Elkin is 13 years old, while the Sharipov brothers are 17 and 18 years old, respectively. Age can be a relevant factor in determining the capacity to enter into contracts. 2. Consent and knowledge of parents: The Sharipov brothers' parents were aware of the exchange and did not object. This suggests that they consented to the transaction. 3. Permission from Dimа's grandmother: Dimа made the exchange with the permission of his grandmother, as his parents were on a long business trip. This suggests that Dimа had the necessary authorization to engage in the transaction. 4. Damage to the bicycle: Dimа frequently fell while riding the bicycle, resulting in damage to the bicycle. This raises the question of who is responsible for the damage and whether it affects the validity of the exchange. 5. Demand for return and refusal: Dimа's parents demanded the return of the guitar and stamp collection from the Sharipov brothers, who refused to comply.

Based on these factors, it is necessary to consider the relevant laws and regulations to determine the outcome of the lawsuit.

Legal Analysis

1. Capacity to enter into contracts: In many jurisdictions, minors (individuals under the age of 18) have limited capacity to enter into contracts. However, there are exceptions, such as when a minor has the necessary authorization from a parent or guardian. In this case, Dimа had the permission of his grandmother, which suggests that he had the necessary capacity to engage in the transaction. 2. Consent and knowledge of parents: The fact that the Sharipov brothers' parents were aware of the exchange and did not object indicates their consent to the transaction. This strengthens the validity of the exchange. 3. Permission from Dimа's grandmother: Dimа had the permission of his grandmother to engage in the transaction. This further supports the validity of the exchange. 4. Damage to the bicycle: The issue of the damaged bicycle raises questions about responsibility and potential compensation. However, it does not directly affect the validity of the exchange itself. 5. Demand for return and refusal: Dimа's parents demanded the return of the guitar and stamp collection, but the Sharipov brothers refused to comply. This disagreement led to the Elkin family filing a lawsuit.

Based on the analysis of the legal considerations, it is difficult to provide a definitive answer without knowing the specific laws and regulations applicable in the jurisdiction where the lawsuit was filed. The outcome will depend on the interpretation of these laws by the court.

Please note that this analysis is based on general legal principles and does not constitute legal advice. It is always recommended to consult with a qualified legal professional for specific legal advice regarding a particular situation.