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Ruling of the Supreme Court Judicial Division for Economic Disputes of 24 January 2017 № 310-ЭС16-14179

Whether good-faith mortgage lender may demand that the mortgaged property (a flat) be foreclosed – in the context of legal relations arising before 1 July 2014?

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Judgment of the Presidium of Supreme Commercial Court of 25 September 2012 6616/12 in the case The company “FinansEkspert” vs The company “Energotehmash”

Point of law: if a preliminary contract of lease of a piece of real estate had been concluded prior to the conclusion of a mortgage contract as to the same real estate, whether the real estate in question remains encumbered by lease in case of bankruptcy of the pledgor (lessor), and whether it is possible to judicially compel the pledgeholder to conclude contract of lease?

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