THIS DAY IN HISTORY:
25 May 1970 Africa's Liberation Day.1970 Africa's Liberation Day.1970 North Korea conducted an underground nuclear test.1970 The independence of Jordan from England was declared.1970 The independence of Jordan from England was declared.
DEADLINES FOR THE SUBMISSION OF ENFORCEMENT DOCUMENTS AND THEIR IMPACT ON THE INCLUSION OF REQUIREMENTS IN THE REGISTER
DEADLINES FOR THE SUBMISSION OF ENFORCEMENT DOCUMENTS AND THEIR IMPACT ON THE INCLUSION OF REQUIREMENTS IN THE REGISTER
The creditor applied to the court for the inclusion of claims in the debtor's register (case no. A63-1087/25).
In granting the application, the courts of two instances pointed out that the applicant's claims were based on a judicial act that had entered into force and were declared within the time limit for its submission for execution, which could not be considered missed, since it was interrupted by the presentation of a court order to the bailiff service.
The cassation sent the dispute for reconsideration, drawing attention to the fact that the court order was issued on 03/05/2021, therefore, the deadline for submitting it for execution expired on 03/05/2024, enforcement proceedings were initiated on 07/26/2024, that is, beyond the specified period.
The courts did not investigate the issue of presenting a court order within three years from the date of its issuance, while this circumstance was included in the subject of evidence in the present dispute. The very fact of the existence of enforcement proceedings initiated outside the three-year period does not indicate a break in such a period, the cited conclusion of the court of first instance is erroneous.
Thus, the circumstances essential for the proper resolution of the dispute were not established by the courts of the first and appellate instances.
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