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

... plaintiff had no 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 ...

SUPREME COURT: THE PERFORMANCE BY THE GUARANTOR OF THE GUARANTOR'S CLAIM DOES NOT ENTAIL A CHANGE OF PERSONS IN THE OBLIGATION

... obligations under which was secured by a bank guarantee. The institution unilaterally refused to fulfill its obligations under the contract and presented claims to the guarantor, who carried out the execution and filed a lawsuit against the guarantors. The ... ... that the rights of claim were transferred to him from the principal. The courts of three instances satisfied the claim. The Supreme Court of the Russian Federation canceled judicial acts, refusing to satisfy the claim and noted that the performance by ...

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