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Ruling of the Constitutional Court of 4 February 2014 № 222-О on the refusal to accept for consideration the petition of the limited liability company “Baltiyskiy Lizing” against violation of its constitutional rights  by paragraph 3 of Article 421, paragraph 1 of Article 454, paragraph 1 of article 624, paragraph 1 of Article 1102 of the Civil Code of the Russian Federation and paragraph 1 of Article 19 of the Federal law “On Financial Lease (Leasing)”

The constitutionality of contested rules as implying the right of the lessee to recover from the lessor at the termination of the contract a part of previously made leasing payments as an unjust enrichment, regardless of the actual financial result of the leasing operation, and in particular regardless of the losses of the lessor, caused by the breach by the lessee of his obligations under contract and its subsequent termination

Judgment of the Presidium of the Supreme Commercial Court of 7 February 2012 № 13135/11 in the case The company “Atlant-M Leasing” vs Irina Kolontaenko, an entrepreneur

Point of law: which circumstances enable the court to determine by whom the seller of the asset being leased under financial leasing transaction has been chosen - by the lessor or lessee?

 

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