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Judgment of the Presidium of the Supreme Commercial Court of 10 November 2011 № 8472/11 in the case The Land Resources Department of Moscow City vs The company "ARZ-3"

Point of law: from which moment the duty to make lease payment shall terminate if a sales-purchase contract as to the leased land plot has been concluded between the lessor and lessee?

Alternative interpretations: the duty to make lease payments shall terminate either 1) upon paying full price for the land under the sales-purchase contract; or 2) upon the State registration of the purchaser’s right of ownership; or 3) from the moment of conclusion of the sales-purchase contract.

Ratio decidendi: the Presidium found the second interpretation to be legally correct.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.

Text
All court decisions in the case
Subject areas: 
Civil law  Lease 

 

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