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Why read letters of guarantee
Why read letters of guarantee
Yury Sbitnev, partner at Exiora, explained why it is important to read guarantee letters sent by managers. The information will be useful in case a dispute arises on the transaction.
01 May 2019
Acceptance of works. Directions to employees from the legal department.
Acceptance of works. Directions to employees from the legal department.
Acceptance of works is a critical point in relations associated with a construction contract. The customer should be particularly attentive since a correctly performed acceptance of delivered works (or refusal to accept them) helps to avoid further disputes and expenses. Article 720 of the Russian Civil Code provides that the customer shall within the dates and in accordance with the procedure specified by the construction contract inspect and accept performed works (work product). The article contains five rules to help the customer avoid mistakes when accepting works under a construction contract.
18 April 2019
Combating a debtor’s affiliated creditors in the course of insolvency proceedings: key points of relevant court practice
Combating a debtor’s affiliated creditors in the course of insolvency proceedings: key points of relevant court practice
It is no secret that insolvency proceedings may frequently be used to achieve illegal purposes. Involvement of affiliated creditors in the debtor’s insolvency case serve as an illustration of such activities. Legislation and court practice offer to good faith creditors and insolvency practitioner a number of tools to combat such affiliated creditors.
28 March 2019
The contractor violated the contract. What will help to receive payment under a bank guarantee
The contractor violated the contract. What will help to receive payment under a bank guarantee
The article contains the arguments that banks give in order to avoid payment. Read how to refute them and convince the court that you have fulfilled all the conditions of the guarantee. We figured out which papers will confirm that the bank is obliged to pay. The article also contains conditions that will protect the customer if the contractor is slow to provide a bank guarantee.
19 February 2019
The official receiver has not challenged the debtor’s transactions. When you have the right to recover damages?
The official receiver has not challenged the debtor’s transactions. When you have the right to recover damages?
If the official receiver has not challenged the debtor's transactions, this is a reason to recover damages from him. Courts quite often take the side of the creditor in such cases. How to bring the official receiver to responsibility - in the article published by managing partner Alexey Moroz
12 February 2019
Preemptive right to conclude a contract. Checklist for the tenant
Preemptive right to conclude a contract. Checklist for the tenant
The tenant has the pre-emptive right to conclude a lease agreement for a new term. But it is not always possible to realize this right: a number of conditions must be met. Which - read the article.
05 February 2019
How to recover a debt when a counteragent has no funds to pay from
How to recover a debt when a counteragent has no funds to pay from
A counteragent owes you money, but it does not pay and refers to lack of funds to pay from. You may file a lawsuit and win the case, however, it does not mean that you company will recover the debt owed. The opposite scenario is more likely, and in the course of the trial the counteragent will be able to withdraw the remaining assets. Read on what you offer to the counteragent to pay back the debt without having to resort to court proceedings.
30 January 2019
Extra works performed under a construction contract: how the customer can prove any absence of grounds to pay for such works
Extra works performed under a construction contract: how the customer can prove any absence of grounds to pay for such works
Often in the course of construction a need arises to perform works which are not covered by the construction contract. The law allows for a possibility to perform extra works. If and when such works are subject to payment is explained in an article written by Daria Nyukhalkina.
26 December 2018
An expert examination is appointed in a dispute arising from a construction contract: how to challenge an unfavorable expert opinion
An expert examination is appointed in a dispute arising from a construction contract: how to challenge an unfavorable expert opinion
An expert examination may be a deciding factor for the court in a construction related dispute. We will tell you how to challenge an unfavorable expert opinion.
29 November 2018
What does a creditor do if a debtor sells its property before execution is levied on it?
What does a creditor do if a debtor sells its property before execution is levied on it?
Often unscrupulous debtors attempt to make recovery proceedings impossible. For instance, they may sell the property which could serve to recover the debt. In such cases the creditor may employ several tools to return the assets withdrawn.
10 October 2018
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