SUPREME COURT: THE PERFORMANCE BY THE GUARANTOR OF THE GUARANTOR'S CLAIM DOES NOT ENTAIL A CHANGE OF PERSONS IN THE OBLIGATION

A state contract was concluded between the institution and the company, the fulfillment of obligations under which was secured by a bank guarantee. The institution unilaterally refused to fulfill its obligations under the contract and presented claims to the guarantor, who carried out the execution and filed a lawsuit against the guarantors.

The guarantor who fulfilled the requirements filed a claim (case no. A40-201536/2021) to the beneficiary under the bank guarantee, believing that the rights of claim were transferred to him from the principal.

The courts of three instances satisfied the claim.

The Supreme Court of the Russian Federation canceled judicial acts, refusing to satisfy the claim and noted that the performance by the guarantor of obligations for the debtor under bank guarantee agreements does not affect the content of legal relations between the beneficiary and the principal, and also is not a basis for changing persons in the corresponding obligations.

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