Publication

Non-equivalent transactions. How courts determine the unequal value of counter performance

Non-equivalent transactions. How courts determine the unequal value of counter performance

The deviation of the terms of the transaction from the market ones is a key marker for challenging it. The article contains circumstances that will indicate to the court the unequal value of counter execution, and a table with price deviation indicators.

27 November 2021

Subsidiary liability of a lawyer. Why might he be attracted?

Subsidiary liability of a lawyer. Why might he be attracted?

Creditors are trying to bring legal consultants of debtors to subsidiary liability as controlling persons. What actions will entail risks for a lawyer - in the article.

15 October 2021

When the treaty will continue to operate, even if it was abandoned

When the treaty will continue to operate, even if it was abandoned

Seven reasons why the courts will ignore your counterparty's violations and uphold the contract.

19 June 2021

The opponent presented fake evidence to the court: how to defend your interests?

The opponent presented fake evidence to the court: how to defend your interests?

Concrete steps to be taken when confronted in court with falsified evidence.

27 May 2021

Working wording instead of empty quotes from the Civil Code: a supply contract that shocks the counterparty

Working wording instead of empty quotes from the Civil Code: a supply contract that shocks the counterparty

If you have prepared a short supply agreement without unnecessary clauses that clog the text and divert attention from the important, the counterparty may refuse to sign it. If he does not see the usual quotes from the Civil Code, he will decide that the contract is incomplete and begin to make changes. How to convince the counterparty to agree not to duplicate the norms that are in effect by default, but to replace them with those points that the parties lack in practice, you will learn from the article.

04 April 2021

On the procedure for transition to the next procedure after supervision without holding the first meeting of creditors

On the procedure for transition to the next procedure after supervision without holding the first meeting of creditors

Aleksey Moroz, Managing Partner of Exiora, told about the procedure for moving to the next procedure after monitoring without holding the first meeting of creditors.

17 March 2021

Online meetings in arbitration courts: how to prepare a petition for remote consideration of a case?

Online meetings in arbitration courts: how to prepare a petition for remote consideration of a case?

Courts are holding more and more meetings online. What is the difference between court sessions via videoconferencing (VC) and online sessions? Why do arbitration courts refuse to grant petitions for remote hearings? Details in the article.

14 October 2020

The debtor has expensive, but the only housing. How creditors can legally bypass executive immunity

The debtor has expensive, but the only housing. How creditors can legally bypass executive immunity

Debtors - natural persons can dishonestly hide behind the rule of executive immunity. What should creditors do if the only property of the debtor is a huge “palace” with which he could pay off all bankruptcy creditors, read in the article.

01 October 2020

Electronic correspondence: how to convince the court to accept it as evidence

Electronic correspondence: how to convince the court to accept it as evidence

Due to restrictive measures in March-May, in most cases, companies could not sign contracts, acts and other documents in person. Instead of paper copies, they exchanged scanned copies and agreements by e-mail. As long as there is no dispute, there are no problems with such correspondence. But if there are disagreements, the e-mails will be evaluated by the judges. What will convince the court to recognize e-mail correspondence as proper evidence, you will learn from the article.

05 August 2020

What to sign with a counterparty after a pandemic

What to sign with a counterparty after a pandemic

From the article you will learn which two documents to issue if there is a delay under the contracts. If you don't want to cancel the contract, fill out both documents. If you do not plan to extend the terms, one will be enough.

18 July 2020