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

The plaintiffs sent a statement of claim for the termination of the contract of sale and the return of the property to the applicants' property due to the fact that the defendant did not fully pay ... ... 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 ...

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

A state contract was concluded between the institution and the company, the fulfillment of obligations under which was secured by a bank ... ... 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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