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ARCHIVE FOR 2011    RUSSIAN

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Февраль 2011

CONTENT

 

OFFICIAL SECTION

FAC (Federal Arbitration Court) of the West Siberian District in 2010: work results

 

On appointments

 

COURT PRACTICE

Some examples of case-law of FAC of the West Siberian District as to disputes related to construction agreements

 

Some examples of judicial practice of the Eighth arbitration court of appeal as to disputes related to contractor's agreements

 

Some examples of judicial practice of the Commercial Court of the Novosibirsk Region as to disputes arising from contractor’s agreements

 

IN COURTS OF WEST SIBERIA

Commercial court of the Kemerovo Region

 

V.M. Suvorov “The firm tradition when administrating justice is consideration of cases in strict compliance with the laws”

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Kemerovo Regional Court

 

A.A. Dorokhov “Qualitative administration of justice is impossible without high judicial education”

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Examples from the case-law of the Kemerovo Regional Court

 

THEORY AND PRACTICE

I.O. Perevalova Topical issues arising when considering cases as to disputes on improper performance of obligations under contractor's agreements
In this article the author considers issues as to recognition of agreeing the work completion terms as an essential condition of the contractor's agreement. The topic of the basis on which the obligation of payment for the actually completed works under the contractor's agreement is created, is touched upon. Issues of payment for the actually completed additional works not agreed with the customer are analysed.
Keywords: consequences of improper performance of the contractor's agreement, the contractor's agreement.
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E.M. Gutkovich Payment for additional works under the state (municipal) agreement
The article analyses case-law as to suits to recover costs of the works completed by the contractor under the state (municipal) order exceeding the amounts set at the auction.
Keywords: state (municipal) order, case-law, payment for additional works.
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I.V. Sorokina Possibility to repay the indebtedness under the contractor's agreement by means of offsetting of counter claims of the same kind in the bankruptcy proceedings
The article considers issues as to possibility of application of the offsetting of counter claims of the same kind in bankruptcy proceedings as applicable to the contractor's agreement.
Keywords: contractor's agreement, bankruptcy proceedings, offset, satisfaction of creditors' claims.
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G.N. Klinova Insurance as guarantee for securing the obligation under the construction agreement
The insurance agreement defining specific terms and insurance objects provides for financial stability in contractual relations. Correct definition of the insurance agreement terms (insurance risks, insurance cases, composition of the insured property or property interests) allows for compensation for losses at the expense of the insurer.
Keywords: insurance agreement, contractor's agreement, insurance risks, insurance of the liability risk, compensation for losses.
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E.A. Golubeva Consequences of finding the contractor's agreement to be not concluded
How to solve the dispute based on the contractor's agreement in which the parties did not agree all essential conditions? Shall the court take into account the parties' will expressed through signing the agreement not fully compliant with the requirements of the CC RF? The article deals with different approaches applied by courts when considering the category of disputes specified and legal effects of such application.
Keywords: the contractor's agreement, parties' will, the agreement being concluded and not concluded, consequences of finding the agreement to be not concluded
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E.V. Aristova Issues of holding the expert examination within framework of the dispute consideration that results from the contractual legal relations
This article is devoted to peculiarities of disputes consideration that result from the contractual legal relations. The issue on the necessity to hold an expert examination within the case is analysed for the purposes of finding the causes due to which there appeared deficiencies in the works completed, including establishing casual connection with the contractor’s actions.
Keywords: contractual legal relations, expert opinion, act of acceptance and transfer, procedural rights.
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V.A. Betkher Problems of defining essential terms of construction agreements
This article is devoted to analysis of the approaches established in theory as to defining essential terms of construction agreements, as well as problems arising in the case-law when considering disputes on cases of the category specified.
Keywords: construction agreements, essential terms, scope of the agreement, agreement price, terms in the construction agreement.
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A.N. Kuryndina On some issues of application of cl. 4 Article 720 of the Civil Code of RF
This article offers criteria for division of apparent and non-apparent defects when accepting works.
Keywords: acceptance, act on work completion, expert opinion.
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V.V. Kress, A.V. Shilov Some issues as to recovery of court costs for payment for the representative's services in the arbitration proceedings
This article sets problems and offers ways of solving case-law problems related to court costs, as recovery from third parties and the improper party as well as non-property claims; reasonableness of court costs; joint and several obligations as to their payment. The author's position as to consideration of court costs as recovery possible only in the arbitration procedure form is reasoned.
Keywords: arbitration proceedings, court costs (expenses), representation, reasonable limits.
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L.Yu. Akbasheva Conciliation procedures in the activity of courts of general jurisdiction
Reconciliation of the parties is one of the tasks of case preparation for court proceedings provided for in CC RF. Use of mediation practice (reconciliation of the parties) when considering civil cases in courts of general jurisdiction will allow to decrease the conflict nature of the parties' relations and will relieve the Russian court system.
Keywords: mediation, reconciliation of the parties, amicable agreement, voluntary settlement
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INTERESTING CASE. COMMENTS OF EXPERTS

Decision of FAC of the West Siberian District of 5 April 2010 on case no. А27-12323/2009 (extract)

 

ABOUT WORK AND PRIVATE LIFE

L.V. Belova “The most important is to treat your work in good faith”

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S.V. Frolova “The agreement that is not yet concluded does not mean that one shall not pay under it”

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