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

of February 28, 2003 No. 110

About some questions of application of regulations of the Civil code of the Republic of Uzbekistan of right to claim concession

Due to the questions arising in court practice and for the purpose of ensuring uniform approaches to the dispute resolution on application of regulations of the Civil code of the Republic of Uzbekistan (further group of companies) about right to claim concession the Plenum of the Supreme Economic Court of the Republic of Uzbekistan based on article 47 of the Law "About Courts" decides to make the following explanations.

1. Courts should mean that the concession of right to claim is the transaction according to which unconditional replacement of person (creditor) in the obligation is supposed.

According to the agreement on right to claim concession the initial creditor shall transfer right to claim on primary obligation, and the new creditor shall accept this right.

The contract of assignment of right to claim is supposed paid if from the law, other legal acts, contents of the agreement other does not follow (the p. Z of Art. 355 of group of companies).

Owing to part one of Article 319 of group of companies the right to claim concession to other person is allowed by the creditor as it does not contradict the legislation or the agreement.

Having yielded right to claim, the initial creditor is disposed from the obligation in connection with change of persons in the obligation.

2. The creditor's rights according to the obligation can pass to other person not only according to the procedure of requirement concession with the prior creditor, but also by law (St, the Art. 318, 295 and 957 groups of companies).

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