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05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
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The Company applied to the court for the inclusion of claims in the debtor's register (case no. A41-80405/22). Later, the entrepreneur filed an application for procedural succession.
The courts of two instances refused to satisfy the applications, concluding that the assignment agreement was imaginary on the basis that the assignor had transferred a non-existent right of claim under the supply agreement. It was noted that the supply contract does not contain conditions on the name of the goods, quantity and price; the case materials do not contain information on the conclusion by the parties of an additional agreement to the supply contract, which would indicate the characteristics of the supplied goods.
The cassation sent the dispute for reconsideration, pointing out that the courts had investigated the circumstances of the validity of the transactions that were the basis for including the applicant's claims in the register of creditors' claims of the debtor, however, in violation of the law, conclusions were drawn about the legal relations of the person who had not been involved in a separate dispute, who transferred the claim under the contract of assignment of the right under the supply contract, concluded between him (the seller) and the debtor (the buyer).
It was also established that the courts, without taking into account the copies of universal transfer documents presented in significant numbers, did not point out the flaws in the submitted documents, and, if in doubt, did not indicate the need to submit the original documents, did not offer to provide additional evidence, resolve the issue of involving a third party in the case or requesting from he has no information.
In addition, it was noted that earlier a third party had taken measures to recover part of the debt owed under a disputed supply agreement in another case, which resulted in the approval of a settlement agreement, which was subsequently not executed by the debtor.
Photo: Freepik
The courts of two instances refused to satisfy the applications, concluding that the assignment agreement was imaginary on the basis that the assignor had transferred a non-existent right of claim under the supply agreement. It was noted that the supply contract does not contain conditions on the name of the goods, quantity and price; the case materials do not contain information on the conclusion by the parties of an additional agreement to the supply contract, which would indicate the characteristics of the supplied goods.
The cassation sent the dispute for reconsideration, pointing out that the courts had investigated the circumstances of the validity of the transactions that were the basis for including the applicant's claims in the register of creditors' claims of the debtor, however, in violation of the law, conclusions were drawn about the legal relations of the person who had not been involved in a separate dispute, who transferred the claim under the contract of assignment of the right under the supply contract, concluded between him (the seller) and the debtor (the buyer).
It was also established that the courts, without taking into account the copies of universal transfer documents presented in significant numbers, did not point out the flaws in the submitted documents, and, if in doubt, did not indicate the need to submit the original documents, did not offer to provide additional evidence, resolve the issue of involving a third party in the case or requesting from he has no information.
In addition, it was noted that earlier a third party had taken measures to recover part of the debt owed under a disputed supply agreement in another case, which resulted in the approval of a settlement agreement, which was subsequently not executed by the debtor.
Photo: Freepik
08.09.2025
