Publication

Agreement on innovation. Benefits that lawyers ignore

Agreement on innovation. Benefits that lawyers ignore

The contractor violated the contract: he did not pay for the goods, works or rent, delivered the defective goods or did not bring it at all, did not provide the promised services. Before writing a claim and going to court, invite the counterparty to enter into a novation agreement. This way you will keep the relationship with the counterparty and will be able to receive a larger amount from him.

10 October 2019

The company bought the movable property in the pledge. When it will be taken away or removed from the encumbrance?

The company bought the movable property in the pledge. When it will be taken away or removed from the encumbrance?

The law does not oblige to make an entry on the pledge of movable property in the register, so buyers may not know that they have purchased a thing with an encumbrance. Read in which cases the buyer and the mortgagee will not be able to keep the property, and take into account their mistakes in your practice.

09 September 2019

In connection with the illegal actions of the bailiff, losses were caused: in what cases will it be possible to get compensation?

In connection with the illegal actions of the bailiff, losses were caused: in what cases will it be possible to get compensation?

This article is devoted to the issues of compensation for damages incurred as a result of illegal actions of the bailiff. The author analyzes the most common types of violations and prospects for protecting the rights of the creditor

16 August 2019

Five schemes for the recovery of property from-under pledge. How to protect the pledgee

Five schemes for the recovery of property from-under pledge. How to protect the pledgee

Courts have identified five popular schemes used by the pledgers to withdraw the property from-under pledge. The article analyzed each of them and gave advice on how to protect the pledgee from unscrupulous debtors.

23 July 2019

The bank made a mistake. When the client can recover damages from him

The bank made a mistake. When the client can recover damages from him

Illegal actions of the bank in transactions with the company's accounts may entail large losses for it. Alexey Moroz, Managing Partner of AB "Exior", told how to act in specific situations.

01 July 2019

Subordination of Claims of the Debtor in Bankruptcy: How to Take Account of Claims without Counter-Submission by the Creditor?

Subordination of Claims of the Debtor in Bankruptcy: How to Take Account of Claims without Counter-Submission by the Creditor?

Case Comment on the Judgment of the Chamber for Commercial Disputes of the SC RF No. 305-ЭС18-11840, 26 November 2018. The author raises the issue of judicial protection limits for the property interests of the parties under an unfulfilled reciprocal contract in the face of bankruptcy of one of the counterparties. He argues for limiting the rights of creditors under such obligations to ensure a balance of interests of all participants in the bankruptcy procedure.

17 June 2019

Employees received payments before a debtor company was held insolvent. When can these payments be disputed?

Employees received payments before a debtor company was held insolvent. When can these payments be disputed?

Bankruptcy assets are often reduced due to payment of golden parachutes and other payments made in favor of debtor company’s employees. In her article, Tatiana Ivanova explains when courts held such transactions to be invalid.

27 May 2019

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