RusBankrot
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19/02/2026
Thursday
THIS DAY IN HISTORY:
19 February 
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
19 February
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
CANCELLED FOUNDATION: WHY DOES THE REFERENCE TO AN INVALID JUDICIAL ACT DEPRIVE THE REQUIREMENT OF VALIDITY?
The creditor appealed to the debtor with a demand to include the debt for compensation of moral damage in the register (case no. A40-222786/20).
The courts of two instances established that the debtor's guilt in causing moral suffering to the creditor was confirmed by a court verdict, and the amount of funds to be recovered was determined by a decision of the district court in respect of the joint debtor. The courts were guided by the provisions on compensation for moral damage and recognized the creditor's claim as justified and to be satisfied at the expense of the debtor's property remaining after satisfying the claims of other creditors.
The cassation sent the dispute for reconsideration, pointing out that the courts of lower instances had made significant procedural errors, relying on a judicial act issued not against the debtor, but another person. In addition, the said judicial act was subsequently annulled by the highest court, which invalidates it and makes it impossible to use it as evidence to determine the amount of claims against the debtor.
Additionally, the Court of cassation noted that the court of appeal ignored the fact of the appeal of the said judicial act and did not take into account the change in the circumstances of the case. This error led to an insufficient investigation of the issue of the presence and amount of the creditor's claims against the debtor.
Photo: Freepik
The courts of two instances established that the debtor's guilt in causing moral suffering to the creditor was confirmed by a court verdict, and the amount of funds to be recovered was determined by a decision of the district court in respect of the joint debtor. The courts were guided by the provisions on compensation for moral damage and recognized the creditor's claim as justified and to be satisfied at the expense of the debtor's property remaining after satisfying the claims of other creditors.
The cassation sent the dispute for reconsideration, pointing out that the courts of lower instances had made significant procedural errors, relying on a judicial act issued not against the debtor, but another person. In addition, the said judicial act was subsequently annulled by the highest court, which invalidates it and makes it impossible to use it as evidence to determine the amount of claims against the debtor.
Additionally, the Court of cassation noted that the court of appeal ignored the fact of the appeal of the said judicial act and did not take into account the change in the circumstances of the case. This error led to an insufficient investigation of the issue of the presence and amount of the creditor's claims against the debtor.
Photo: Freepik
13.02.2026
