RusBankrot
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18/12/2024
Wednesday
THIS DAY IN HISTORY:
18 December 
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
18 December
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
LONG-TERM LEGAL RELATIONS CAN SPEAK ABOUT ORDINARY BUSINESS ACTIVITIES
The manager applied to the court to challenge the debtor's payments (case no. A48-7182/21).
In satisfying the application, the courts of two instances proceeded from the lack of evidence of any real legal relationship between the debtor and the defendant.
According to the courts, the defendant did not prove the fact of shipment of fuels and lubricants in favor of the debtor, since the copies of Universal Transfer Documents submitted by the defendant do not contain the dates of acceptance of petroleum products, and therefore it is impossible to establish the fact of transportation of petroleum products from the defendant to the company. Meanwhile, the books of purchases and sales are one-sided, the sales data reflected in the books of purchases and sales cannot be the basis for establishing the presence/absence of debt without checking the primary documents.
The cassation sent the dispute for reconsideration, pointing out that the relationship between the defendant and the debtor was based on a supply contract. At the same time, the existence of a real long-term economic relationship between the debtor and the defendant was not disputed by the bankruptcy trustee and directly follows their accounting documentation and statements on the debtor's account.
In such circumstances, the conclusion of the courts about the absence of a real relationship for the supply of fuels and lubricants and the unequal value of counter-execution is insufficiently justified.
The conclusions of the courts were made without taking into account the period of fulfillment by the defendant of the supply of fuels and lubricants, signs of invalidity were not established when challenging current payments.
Objecting to the statement of the bankruptcy trustee, the defendant referred to the commission of the disputed transaction within the framework of ordinary business activities, in the order of fulfillment by the parties of mutual obligations on multiple prepayments and subsequent deliveries on the terms of the supply agreement that existed between them for more than two years.
In satisfying the application, the courts of two instances proceeded from the lack of evidence of any real legal relationship between the debtor and the defendant.
According to the courts, the defendant did not prove the fact of shipment of fuels and lubricants in favor of the debtor, since the copies of Universal Transfer Documents submitted by the defendant do not contain the dates of acceptance of petroleum products, and therefore it is impossible to establish the fact of transportation of petroleum products from the defendant to the company. Meanwhile, the books of purchases and sales are one-sided, the sales data reflected in the books of purchases and sales cannot be the basis for establishing the presence/absence of debt without checking the primary documents.
The cassation sent the dispute for reconsideration, pointing out that the relationship between the defendant and the debtor was based on a supply contract. At the same time, the existence of a real long-term economic relationship between the debtor and the defendant was not disputed by the bankruptcy trustee and directly follows their accounting documentation and statements on the debtor's account.
In such circumstances, the conclusion of the courts about the absence of a real relationship for the supply of fuels and lubricants and the unequal value of counter-execution is insufficiently justified.
The conclusions of the courts were made without taking into account the period of fulfillment by the defendant of the supply of fuels and lubricants, signs of invalidity were not established when challenging current payments.
Objecting to the statement of the bankruptcy trustee, the defendant referred to the commission of the disputed transaction within the framework of ordinary business activities, in the order of fulfillment by the parties of mutual obligations on multiple prepayments and subsequent deliveries on the terms of the supply agreement that existed between them for more than two years.
03.12.2024
