THE SUPREME COURT DEALT WITH THE NUANCES OF CALCULATING THE LIMITATION PERIOD FOR CURRENT CLAIMS

The plaintiff, being the lessor of the land plots leased by the defendant, filed a lawsuit with the court to recover rent arrears from the defendant (case no. A40-86704/21). The courts granted the claim, rejecting the defendant's arguments about missing the statute of limitations.

The defendant was declared bankrupt, which is why the plaintiff sent a claim for payment of the disputed debt to the temporary manager.

The courts referred to the clarifications of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation, according to which the presentation of claims not confirmed by a judicial act of creditors entering into bankruptcy proceedings is one of the ways of judicial protection of civil rights. Therefore, the presentation of a claim to the debtor in a bankruptcy case in accordance with the procedure established by law serves as a basis for interrupting the flow of the statute of limitations.

The Supreme Court of the Russian Federation canceled the judicial acts of lower instances and sent the case for a new hearing due to the fact that the explanation of the supreme court, to which reference was made in the judicial acts, refers only to the registry requirements, whereas the plaintiff's claim is current, which is why there was no break during the limitation period.

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