THE JOINT DEBTOR HAS THE RIGHT TO ASK THE COURT TO TERMINATE THE PERFORMANCE OF THE OBLIGATION

In the framework of the bankruptcy case (No. A40-135696/21), an application was filed for recognition of the ruling of the arbitration court as not subject to further enforcement. A judicial act that entered into force challenged the transaction on the transfer of bills of exchange from the debtor to the applicant, funds were recovered from the applicant by way of restitution.

Subsequently, losses were recovered from the executives for the same transaction, the claim was fulfilled by one of the beneficiaries.

Believing that the restorative claim is no longer enforceable, the applicant filed a corresponding claim with the court.

The application was granted by the first instance, the higher courts canceled the ruling, refusing to satisfy the claim.

The Supreme Court of the Russian Federation, leaving in force the definition of the first instance, pointed out that the execution performed by one of the joint debtors affects the obligations of the others, since it releases them from execution in relation to the creditor.

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