of August 14, 2001 No. D12/107
Recognition unconcluded agreements of pledge
The board of judges of the Supreme Economic Court of Ukraine considered according to the procedure, the provided item 8 of Final and transitional provisions of the Law of Ukraine "About modification of the Arbitral Procedure Code of Ukraine" of 21.06.2001 N2539-III, protest of the deputy attorney general of Ukraine on the resolution of judicial board on review of decisions, resolutions of the Supreme Arbitration Court of Ukraine of 29.06.2000, the resolution of 21.02.2000 and the decision of 29.11.99 of Arbitration Court of the Dnipropetrovsk region in case ND12/107 on the claim of JSC A... to commercial bank "P"... about recognition of the agreement unconcluded.
The decision of Arbitration Court of the Dnipropetrovsk region of 29.11.99 on case ND12/107 satisfies the claim of JSC A... to CB P... about recognition unconcluded agreements of pledge of real estate N 50218D of 12.01.98 and the supplementary agreement to it of 19.03.98.
The decision is motivated by what in the controversial agreement of pledge and the supplementary agreement to it, between the parties is not reached consent on essence of the requirement provided with pledge and its size, i.e. the purpose of credit line and the amount of interest payment which is the essential term of the contract that entailed emergence of this dispute is not specified. The reference of the defendant that the agreement of pledge is recognized as the concluded judgment on case ND12-50 between the same parties is not taken by court into account as the fact of the conclusion of the agreement was not determined by court.
The resolution on review of the decision according to the procedure of supervision of 21.02.2000 the chairman of Arbitration Court of the Dnipropetrovsk region Plevako V. I. the decision of 29.11.99 on case ND12/107 is left without changes.
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