We know everything about bankruptcy
19/09/2024
Thursday
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
THE SUPREME COURT WILL CONSIDER THE DISPUTE ON THE CHANGE OF MOTIVATION WHEN CHALLENGING THE TRANSACTION
A contract was concluded between the debtor and the customer, under the terms of which the debtor performed the work.
The works were delivered to the customer, however, in the process of fulfilling its obligations, the debtor concluded contracts with subcontractors and suppliers, debts to which were repaid by the customer in accordance with the debtor's administrative letters.
The manager, believing that payments were made at the expense of funds that should have been received by the debtor to pay for the work performed, and also pointing to the preferred satisfaction of the claims of the debtor's creditors (subcontractors, suppliers), asked to recognize the disputed payments invalid.
The courts of three instances refused to satisfy the application on the grounds of missing the limitation period, however, they noted that one of the debtor's suppliers had no reason not to accept the performance under the delivery contract offered by the customer (third party) for the debtor (buyer). The repayment of the debt to the supplier was carried out by the customer at his own expense, and not at the expense of the debtor, in this regard, the rights of the creditor under the obligation fulfilled by him for the debtor to pay for the delivered goods were transferred to the customer.
The customer did not agree with this wording and filed a complaint with the Supreme Court of the Russian Federation, indicating that payments were made by him not at his own expense, as indicated by the courts, but at the expense of existing debts to contractors to speed up the work, which was indicated by the debtor in the text of the administrative letters themselves.
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