RESOLUTION OF THE PLENUM OF SUPREME ECONOMIC COURT OF THE REPUBLIC OF BELARUS

of December 23, 2004 No. 13

About some questions connected using regulations of the Civil code of the Republic of Belarus about the delivery agreement

Having generalized court practice on the disputes arising from the delivery agreement and for the purpose of ensuring uniform application by economic courts of the Republic of Belarus (further - economic courts) the regulations of the Civil code of the Republic of Belarus regulating the specified legal relationship, the Plenum of Supreme Economic Court of the Republic of Belarus, being guided by articles 14-16 of the Law of the Republic of Belarus of December 9, 1998 "About economic courts in the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1999, No. 2, the Art. 32),

DECIDES:

1. By consideration of the disputes connected with the conclusion and agreement performance of delivery regulations of paragraph 3 of Chapter 30 of the Civil code of the Republic of Belarus are applied (further - group of companies). In the absence of the relevant standards in this paragraph economic courts should proceed from the provisions enshrined in paragraph 1 of Chapter 30 (Item 5 of Article 424 of group of companies), and in the absence of such regulations in rules about purchase and sale it is necessary to be guided by general regulations of group of companies about the agreement, transactions and obligations.

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