Ownership of the equipment and questions of its subsequent...

Ownership of the equipment and questions of its subsequent sale

4.1. Equipment



4.2. Import of equipment from Germany



4.3. Owners of equipment after its import into the United States


4.4. Acquisition of equipment by the Company


4.5. Purchase of equipment - I (auction)


4.6. Purchase of equipment - II (sale without announcement of price)


4.7. Approval of transactions for the acquisition of equipment


4.8. Privatization risks




Most of the documents prepared by lawyers fit into a certain format, prescribed by a specific type of document, be it a contract, a statement of claim, a memorandum, a legal opinion, a letter, etc. The name of some types of legal documents, for example, procedural papers, must correspond to the name that is prescribed for this species by law. Therefore, practicing lawyers rarely have to bother to come up with a headline for their work: as a rule, it is already predetermined in advance or the variations are limited. So, it's unlikely that the lawyers working on the draft "Memorandum on the results of the legal inspection of ABC and the structuring of the acquisition of property there was great scope for imagination when formulating the title of this document. This kind of problem usually occurs when working on a less formalized legal text, for example, a scientific publication. This, however, does not mean that the title in a legal letter does not matter. It is important, and even given the strict format of the business style, the headline can be successful and unsuccessful. Remember the words from the old children's book: "How do you call a yacht - so it will float". This also applies to subtitles - the names of structural units (chapters, sections, paragraphs, etc.) of your document.

The title and subtitles are more than just the name of our work or its specific section. The headline and subtitles should not only interest the reader and ensure the work "good swimming". They must reflect the content of the work or part of it and thus inform the reader. From the title and subtitles, the reader will learn what will be discussed in the document or its corresponding section. Subtitles allow the reader to orient in the material, being for him a kind of guide in the labyrinth of our document. Therefore, for subtitles, it is important to use informative names that accurately reflect the content of the text related to them.

As for the title of the entire document, I remind you that it should be such that in the future, sometimes a long time later, you can quickly find the document that you need.

It is also important that the headings are not cumbersome. There can be two extremes. Attempting to include in the title the maximum information about the content can lead to names like:

Handbook on the procedure for the performance of debt of all sorts of obligations, such as: mortgages on real estate, serf and debt loan letters with a pledge of movable estate and without collateral, bills, bills, contracts, etc., showing the way of collecting them and satisfaction

The other extreme is unnecessarily short names, sometimes consisting of one word. In this case, there is a danger that the title will be too broad and will not allow the reader to make a correct idea of ​​the content of the work. However, short names are often found in the subheadings of legal documents, for example: "Facts", "Question history", "Analysis", "Conclusions". They are not very informative, but in a number of cases they are an obligatory component of the structure of the document (for example, in the memorandum, which will be discussed below) and, from this point of view, fully fulfill their information function.

The purpose of the heading and sub-headings is to point out the issues that will be considered in the work or its relevant parts, designate them, and not talk about them. Therefore, in such cases, as a rule, verbs are not used. The headings are considered to be the "canonically speechless genre." A rare exception is, for example, the name of the work of NV Gogol, "The Tale of how Ivan Ivanovich quarreled with Ivan Nikiforovich." Smoothness headings are characteristic not only for artistic prose, but also for legal works. To see this, it's enough to look at the subheadings in books on the right, for example, the course "Contractual rights". M. I. Braginsky and V. V. Vitryansky (chapters III "Contract-bargain" of the first book):

1. The concept of a contract-transaction

2. Freedom of contract

3. Will and will of the treaty

4. Invalidity of contracts

5. General procedure for concluding contracts

6. Mandatory conclusion of contracts

7. Bidding

8. Preliminary contracts

9. Pre-contractual disputes

10. Public contracts

11. Affiliation agreements

12. Interpretation of contracts.

The aesthetic considerations also require that the subtitle titles be in the same style and be typed in one font and size throughout the entire work.

One of the purposes of sub-headings is to make the text easier to perceive and provide a transition from one question to another. However, since the same purpose is served in the first place by the paragraph (which will be discussed below), one should not rely solely on headings in this respect. Usually, however, you need to prepare the reader for the transition from one question to another using the transitional words or transient phrases.

Concerning the title, it is also important to note the following. The title of the article of the law under certain circumstances can be interpreted as part of the norms included in the article. In particular, MI Braginsky and VV Vitryansky draw attention to this, citing as an example the headings of articles 942 and 1016 of the US Civil Code "Essential conditions of the insurance contract" and "Essential conditions of the contract of trust management of property", which allows to recognize the conditions provided for in these articles essential. When drafting contracts, on the contrary, it is sometimes specially stipulated that the headings in the text of the treaty do not bear an independent legal burden and are not legally significant. In such strictly formalized types of legal writing as, for example, legal opinion, there is also sometimes a special reservation that the "headings in this report are intended solely for the convenience of reference."

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