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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 the cost of the object. The courts of the first instance shared the position of the applicants and satisfied their claims,...

Foreign currency contracts may be banned on the territory of Russia

The Federal Antimonopoly Service proposed to adopt a draft law prohibiting the linkage of domestic contracts to the exchange rate, as well as to world trade indices. Experts believe that the measure can lead both to the refusal of counterparties to conclude long-term agreements, and to the desire to receive a 100% prepayment. Such conditions in ...

THE SUPREME COURT OF THE RUSSIAN FEDERATION BANNED CIRCUMVENTING RES JUDICATA (AGAIN)

The Company filed a lawsuit to recover an overpaid fine from the customer under the contract (case no. A40-214074/21). The courts of three instances granted the claim, the Supreme Court of the Russian Federation refused to satisfy the claim, noting the following: "The court's decision, which entered into force, has already considered ...

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 guarantee. The institution unilaterally refused to fulfill its obligations under the contract and presented claims to the ...

In what cases bankruptcy auction should not be canceled?

A case on challenging the results of the bankruptcy auction was referred to the district court. The Ministry of Defense insisted on the cancellation of the contract concluded with the winner and bilateral restitution. The lower courts took different positions, but the district court put an end to the case. The question concerned the insolvency case of a strategic enterprise. The applicant believed that ...

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