of September 15, 2004 No. 0-0407/3326
(extraction)
The sums of money or other property provided in pursuance of the nonexistent obligation if the acquirer proves that person requiring return of property knew about lack of the obligation, are not subject to return in quality superficial enrichments.
The claimant of DP "Execuutive Air" appealed to economic court with the requirement about collection from the defendant of the World fund of development Kurash of outstanding amount in the amount of 6.766.855-56 bags.
Requirements of the claimant are met by resolution of the Trial Court completely.
The decision is left by the resolution of appellate instance without change.
Without having agreed with these court resolutions, the defendant appealed to the Supreme Economic Court with the writ of appeal in which he asks them to cancel and to refuse satisfaction of the claim.
In reasons for the claim it is specified that courts do not find out the circumstances which are important for case and the fact not of modification by the parties of terms of the contract according to which the claimant could have the right to require surcharge is not considered.
Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the writ of appeal subject to satisfaction on the following bases.
According to Art. 234 of RUZ Group of the obligation arise from the agreement, owing to damnification and from other bases specified in the Law.
From case papers it is seen that on July 23, 2003 between the parties the account agreement of N57 regarding implementation of air tickets is concluded. Total amount of the agreement constituted 3355-72 US dollars. According to terms of the contract (item 2. 1) the defendant made 100 percent advance payment in sumach at the Central Bank rate of RUZ on the date of payment that constituted 3.278.755-05 bags.
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