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Judgment of the Presidium of the Supreme Commercial Court of 20 December 2011 № 9924/11 in the case The company "Instroy" vs The company "SU-155"

Point of law: whether a suit seeking to coerce the purchaser to pay the contract sum under a contract of purchase-sale of land plot falls within the jurisdiction of commercial court at the location of the land plot?

Alternative views: 1) the suit should be considered by the court at the location of the real estate in dispute, because the success of such suit would entail the registration of the transfer of real estate title; 2) the suit should be considered in accordance with general jurisdictional rules (that is, by the place of defendant company registration) because the suit substantively arises from the law of obligations and not property law.

Ratio decidendi: the Presidium held that the second view is 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.

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