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INCOMPLETE PAYMENT UNDER THE CONTRACT IS A SIGNIFICANT VIOLATION OF ITS TERMS

... right to demand termination of the contract in connection with the payment by the buyer of part of the value of the property. However, the plaintiff could apply to the court with a statement of claim for the recovery of funds under the contract. The Supreme Court disagreed with the lower instances, canceled the judicial acts and sent the case for reconsideration to the Court of Appeal. The Judicial Board for Economic Disputes of the Supreme Court noted that it follows from the concluded contract ...

THE RECOVERY OF DAMAGES FROM THE ARBITRATION MANAGER DOES NOT INDICATE THE WILLFULNESS OF VIOLATIONS

... three instances. The courts relied on the bankruptcy court's ruling, which was prejudicial to this proceeding. In accordance with this judicial act, the willfulness of the manager's actions was considered proven. The manager filed a complaint with the Supreme Court of the Russian Federation, accepted for production. During its consideration, the judicial acts of lower instances were canceled, and the claims were denied. The Supreme Court of the Russian Federation justified its position as follows: ...

RECOVERY OF LOSSES FROM THE MANAGER DOES NOT INDICATE INTENT

... claim. The courts of three instances satisfied the claim of the insurance company, recognizing that the prejudicial value of the definition in the bankruptcy case gives the insurer the right to collect the insurance payment from the manager. The Supreme Court of the Russian Federation referred the case to the board and reflected the arguments of the manager in the ruling. The Court stressed that the mere fact of the manager's violation of the provisions of the bankruptcy law is not a sufficient ...

SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION

... instances refused to satisfy the claim, considering that the owner of the property of the autonomous institution is not liable for the obligations of the autonomous institution (with the exception of obligations related to causing harm to citizens). The Supreme Court of the Russian Federation did not agree with this approach and noted that the long-term non-fulfillment by the institution of its obligations (more than eight years) to the plaintiff to pay for the supplied thermal energy, the inability ...

IF AWARENESS WAS NOT PROVED WHEN CHALLENGING THE TRANSACTION, IT MUST BE PROVED SEPARATELY

... sided with the manager, considering that the defendant should have learned about the invalidity of the transaction no later than from the moment of publication of information about the introduction of the monitoring procedure against the debtor. The Supreme Court of the Russian Federation referred the defendant's complaint to the judicial board and stressed that the Bankruptcy Law differently regulates the consequences of invalidity of transactions recognized as such on various grounds provided for ...

SEPARATE CONDITIONS ARE REQUIRED FOR THE JUDICIAL PROCEDURE OF FORECLOSURE ON THE SUBJECT OF COLLATERAL

... parties to secure the fulfillment of obligations, under which the defendant pledged real estate. The courts of three instances satisfied the claim, referring to the fact that the debt under the loan agreement was not repaid by the defendant. The Supreme Court of the Russian Federation sent the dispute for a new consideration and noted that only an out-of-court procedure for foreclosing on the collateral was agreed between the parties. At the same time, the parties did not comply with the notarial ...

SC: PERSONS INVOLVED IN THE SUBSIDY HAVE THE RIGHT TO APPEAL AGAINST COURT DECISIONS

... the audit between Ussuriysky Industrial Park LLC and the Federal Tax Service. In the courts of three instances, she was refused, considering that the decision of the inspectorate on additional taxes to the company has no direct relation to her. The Supreme Court of the Russian Federation did not agree with these conclusions. The economic Board pointed out that Safonova has the right to participate in the examination as a third party, since the amount of her subsidiary responsibility directly depends ...

SUN: THE INVALIDITY OF THE TRANSACTION DOES NOT ENTAIL EXEMPTION FROM THE COSTS OF OPERATING THE BUILDING

... subsequently declared invalid, and restitution was not applied. This circumstance was used by the courts of three instances as a basis for refusing to satisfy the claim – due to invalidity, the defendant had no obligation to maintain the disputed premises. The Supreme Court pointed out an error in the conclusions of the lower courts: the recognition of the transaction as invalid in conditions where restitution has not been applied does not automatically entail the restoration of the seller's ownership of the ...

SC: THE MUNICIPALITY IS RESPONSIBLE FOR THE DEBTS OF AUTONOMOUS INSTITUTIONS

... three instances, refusing to satisfy the claim, pointed out that the owner of the property of an autonomous institution is not liable for the obligations of an autonomous institution (with the exception of obligations related to harm to citizens). The Supreme Court of the Russian Federation referred the case on the plaintiff's complaint to the collegium and reflected in the definition the applicant's argument that the courts, by refusing to hold the administration vicariously liable for the obligations ...

SC: A VALID AGENCY AGREEMENT REMAINS IN FORCE WHEN CHALLENGING A LOAN

... funds to the defendant as part of the execution of the loan agreement, and not in the order of execution for a third party and that the limitation period was not missed by the plaintiff, concluded that the claims are subject to satisfaction in full. The Supreme Court of the Russian Federation sent the dispute for a new consideration and noted that if the loan agreement was declared invalid as a transaction, the defendant, who is not a party to this transaction, could not be held liable for the obligations ...

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