THE TERM OF THE GUARANTEE AS A "TIMER" FOR INCLUSION IN THE REGISTER

The Company applied to the court for the inclusion of a claim for the recovery of funds in the debtor's register (case no. A24-4744/23).

The courts of two instances granted the application, based on the fact that, as a result of the forensic examination, the fact of falsification of the surety agreements submitted by the company was not confirmed. The totality of the evidence presented in the case file confirms the conclusion of both basic contracts and surety agreements if there is a fact of the company's claims against the main debtor and there is no evidence that he or other guarantors have paid the amount of the debt in full.

The courts also considered the creditor's statements about the termination of the guarantee period to be erroneous, referring to the terms of the guarantee agreements and explanations on their application.

The cassation annulled the judicial acts in part and refused to satisfy the application, drawing attention to the fact that the company applied for the establishment of claims in the bankruptcy case of the guarantor only a considerable time after the deadline. Since the surety's obligation ceased after one year from the date of the due date of the main obligation, the court of cassation concluded that the surety had ceased. In this regard, the court of cassation recognized that the lower courts had incorrectly applied the norms of substantive law. The court pointed out that the surety exists only during the prescribed period, and if the creditor has not exercised his right during this period, the surety's obligation is terminated.


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