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Review of court practice on civil cases related to the settlement of disputes on the performance of credit obligations (as affirmed by the Presidium of the Supreme Court on 22 May 2013)

The Supreme Court has resolved a number of important issues, having pointed out that:
 
- in the event of increasing the principal obligation under a credit contract the suretyship shall terminate, whereas the pledge shall remain intact and valid as per its original size  (paras 7 and 10 of the Review; such opinion of the Supreme Court differs from that of the Supreme Commercial Court, according which both suretyship and pledge should survive the increase);
-  obligations of a deceased surety shall pass to his heirs within the limits of the property inherited by them (para 9);
- the reduction of forfeiture related to a credit in accordance with Art 333 of the Civil Code is permissible only in exceptional cases and upon the request of the defendant with the mandatory explanation of the reasons by the court (para 11; an analogous view was expressed by the Supreme Commercial Court in its decree of 12 July 2012 № 42 “On Certain Questions Regarding the Resolution of Disputes Connected to Suretyship”);
- insuring borrower’s life as an additional securing of his obligations under credit contract may be only voluntary (para 4);
- taking additional payments under credit contract may be justified only in case of  provision of separate financial services by the creditor;
- commission fee for opening and administering the credit account is invalid  (para 3.1.);
- borrower may contest the prorogation clause which provides for settling disputes at the place of bank’s location, if such clause has been included in the model credit agreement of the bank and the borrower was unable to change it (para 2).
Document  (358.45Kb)


 

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