of December 23, 2005 No. 34
About jurisdiction of disputes after concession of the requirement or transfer of debt
Plenum of Supreme Economic Court of the Republic of Belarus, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, decides to give to economic courts of the Republic of Belarus (further economic courts) the following explanations.
1. According to Article 40 of the Economic Procedure Code of the Republic of Belarus (further - HPK) withdrawal from jurisdiction of economic court of contentious case, arisen from civil legal relationship and belonging to jurisdiction of economic court, is possible only according to the written agreement of the parties about transfer of dispute for consideration of the international Arbitration (arbitration) Court signed before adoption of the decision by economic court on case.
2. The concession of the requirement or transfer of debt performed according to Articles 353, 362 Civil codes of the Republic of Belarus (further - group of companies), attract transition of the rights or obligations to new faces in the obligation in that amount and on those conditions which existed by the time of transition if other is not stipulated by the legislation or the agreement and if acquisition of rights or adoption of obligations are admissible according to the legislation for person entering the obligation.
Transition of the rights of the creditor to other person or transfer of debt into other person within civil legal relationship cannot change the judicial jurisdiction of cases in the Republic of Belarus established by legal acts and international treaties of the Republic of Belarus if the legal status of new faces in the obligation corresponds to legal status of those persons from whom transition of the rights of the creditor or transfer of debt is made.
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