LEASING SHOWDOWNS: WHO FORGAVE, AND WHO DID NOT NOTICE

LEASING SHOWDOWNS: WHO FORGAVE, AND WHO DID NOT NOTICE

LEASING SHOWDOWNS: WHO FORGAVE, AND WHO DID NOT NOTICE
The creditor requested that the debt be included in the debtor's register (case no. A33-36696/23).

In satisfying the application, the courts of two instances concluded that there was evidence in the case file confirming the fact of the debt and its amount, and therefore they recognized it as justified and included it in the register of creditors' claims of the debtor.

The cassation sent the dispute for reconsideration in part, pointing out that the court of first instance did not evaluate the terms of paragraph 7 of the agreements on the termination of lease agreements, did not bring up for discussion by the parties the question of the actual common will of the parties, reflected in this paragraph. 

In turn, evaluating and rejecting the arguments of the company's appeal, the court of appeal limited itself to pointing out that the agreements did not contain specific provisions on debt forgiveness agreed by the parties, as well as the absence of the creditor's representative's right to sign documents on debt forgiveness. The behavior of the creditor, who avoided giving any explanations to refute the debtor's arguments, deserves special attention; there were no responses to the appeals and cassation complaints from the said person.

 

Photo: Freepik

24.06.2025