Point of law: whether non-commercial organization may be a trustee manager under a contract of trust management of property which had been concluded before the adoption of Chapter 53 of the Civil Code which removed such opportunity for non-commercial organizations?

Alternative attitudes: 1) it may not, otherwise there would be a contradiction to the current legislation (Civil Code), and therefore such contract must be terminated (the view of courts first and appellation instances and of the panel of judges of Supreme Commercial Court); 2) it may, because the aforementioned rules of Civil Code do not have retroactive force (the view of cassation instance court).

Ratio decidendi: The Presidium affirmed the cassational judgment, although not the reasons for it: the Presidium pointed out that immovable property could not be a subject of a contract of trust management of property before the adoption of the Civil Code. In this case not only the duties to ensure proper exploitation, maintenance and preservation of the building under the management of non-commercial organisation have been conferred upon it, but it was also endowed with the right to use this building for conducting its core activities. Therefore, there is a mixed contract, the termination of which on the grounds provided for the contract of trust management of property is not possible. Practical consequences: the Judgment does not provide for the possibility to reverse the judicial decisions that are already in force on the grounds of interpretations given by the Judgment. Therefore, such interpretations may guide only future disputes (those arising after the date of its publication).