• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Review of court practice of the Supreme Court for 2015 № 1 (affirmed by the Presidium of the Supreme Court on 4 March 2015)

The most important “legal positions” included into the Review are the following:

- transactions concluded in the situation of an abuse of law are null and void, not merely contested (challengeable);

- the recovery of a debt from a natural person who guaranteed the payment of debts of his company should fall within the jurisdiction of general courts, not the commercial ones (this is contrary to the “legal position” of the Supreme Commercial Court that was expressed in 2012);

- the concept of voluntary execution of a court decision is not applicable to the institutions of the State, and therefore no interest under Art 395 of the Civil Code may accrue on their relevant debts within 3-month period given to them by law for the execution of the decision of a court;

- the form of permissible use of a land plot may not be changed without the express will of its owner;

- the consent of the owner of a property to its withdrawal from his possession may be implicit in the fact that the owner did not care about such property (e.g. a land plot) and has shown no interest in its destiny.

Document  (907.00Kb)


 

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.