The Grand Chamber of the Supreme Court of Ukraine, by its legal opinion in case No. 916/190/18 of 06/04/19, answered the question, does the installment plan for the execution of the judgment terminate the contractual obligation?
According to the published conclusion, the installment plan, in fact, only affects the procedure for the enforcement of the decision itself, while the nature of the contractual debt remains unchanged, since:
In 2018, one legal entity filed a lawsuit against another legal entity to recover the debt under the contract – the amount of the outstanding obligation and inflation losses.
The claims were substantiated by the untimely execution by the debtor of the already existing court decision.
As it was established during the proceedings of the dispute in the Supreme Court of Ukraine, the courts of the previous instances satisfied the plaintiff’s claims. The defendant was granted a “benefit” in the form of an installment plan for the execution of the judgment.
The defendant violated the terms of the installment plan. This led to the fact that the plaintiff counted on the available debt, the inflation rate of 3% per annum provided by the law. The bodies of justice founded it unlawful. As a result, the question arose regarding the status of the installment plan: is it the basis for changing the timing of the obligation or not?
Thus, the Grand Chamber ruled that the decision by the court of the dispute on the recovery of the contractual debt does not change the nature of the obligation, as well as the reasons for its occurrence.
The installment plan for the execution of a judgment is an additional procedural act by which the court responds to obstacles that make it difficult or impossible to execute the will of justice.
Legal advice on the topic! Neither the installment plan, nor the postponement, by their very nature, are legal transformative factors for judicial acts.
They contribute to the enforcement of a judgment without altering the very nature of a debt in a civil or business obligation.
Importantly! By the conclusion analyzed in this article in case No. 916/190/18, the BC-Supreme Court of Ukraine departed from the conclusion of the Supreme Court of Ukraine contained in the decision in case No. 905/3137 / 14-908 / 5775/14 (proceedings No. 3-1276gs15) dated 17.02.16. regulating the collection of debts through a court with identical circumstances.
Having your own home is the norm! You can buy it, get it from the state, or build it yourself! The last method is the most laborious, but quite realistic, because … The current legislation provides for the right of every citizen to build a house for himself and this can be done according to […]
The Joint Chamber of the CEC of the Supreme Court of Ukraine spoke out on the motivation for refusals to consider claims. In the ruling in case No. 910/6642/18 of 06/14/19, the courts were explained what exactly they should find out before deciding to dismiss the claim when considering economic disputes in the context of […]
The first thing every citizen leaving his old place of work thinks about is how much money will fall on the card as a severance pay. Naturally, he wants more and that’s okay! The employer who signs the dismissal order is thinking about how to pay less! And he can be understood too! But, the […]
There is a proverb that says that God sees everything, and neighbors – even more! So and there is! And in some cases it happens literally. The story about neighbors who installed video cameras aimed at the neighbor’s yard ended in the Supreme Court with a legal conclusion in case No. 279/2012/17 of 03/03/2020. So, […]
Indicative case for international judicial practice the case of businessman Igor Mavlyanov, ended with the fact that the American court recognized Moscow’s court decisions as fair. The case was considered in a New York court for a little over a year. Why is it so far from the defendant’s homeland? Because it was there that […]
On 11.09.19, the Supreme Court of Ukraine considered case No. 554/10202/13-c, in which the heir – the son from the first marriage of the deceased homeowner tried to defend his father’s apartment, sold by his second wife during her husband’s life and by his power of attorney to her own son. He insisted that there […]
Entrust the settlement of legal disputes to the SPEAKER team of professionals! Get the highest level of legal services.
Мы готовы приступить к обсуждению Вашей задачи. Вскоре с Вами свяжемся.Back