RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of July 11, 2011 No. 54

About some questions of the dispute resolution arising from agreements concerning the real estate which will be created or acquired in the future

Due to the questions arising at Arbitration Courts (further - courts) by consideration of disputes from agreements concerning the real estate which will be created or acquired in the future, being guided by article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation", the Plenum of the Supreme Arbitration Court of the Russian Federation decides to make the following explanations:

1. According to Item 2 of Article 455 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation, the Code) the subject of the agreement of purchase and sale can be as goods, available at the seller at the time of the conclusion of the agreement, and the goods which will be created or acquired by the seller in the future if other is not established by the law or do not follow from nature of goods (the purchase and sale agreement of future thing).

Owing to Item 5 of article 454 of the Code the provisions provided by paragraph 1 of Chapter 30 of the Civil Code of the Russian Federation are applied to separate agreement types of purchase and sale if other is not established by rules of the Code about these agreement types.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info