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

Judgment of the Presidium of the Supreme Commercial Court of 29 March 2012 № 16882/2011 in the case The company “Commercial bank “Moskovskii kapital” et al. vs The State unitary enterprise “The Second printery of Federal Directorate of Medico-bilogical and extremal problems”

Point of law: under which circumstances execution may be levied against the property of the surety, if such surety is a federal unitary enterprise?

Alternative attitudes: 1) the levy is possible in all cases; 2) the levy is possible only if the resulting alienation of property does not impede the achievement of the purposes of the federal enterprise set out in its charter. Otherwise the transaction of suretyship shall be void as being contradictory to the fundamentals of public policy of the Russian Federation, and the levy of the execution against the property of the surety is impermissible.

Ratio decidendi: the second approach 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.

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

 

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.