of November 24, 2011 No. 01-06/1642/2011
Economic courts of Ukraine About amendment of the information letter of the Supreme Economic Court of Ukraine of 15.03.2011 No. 01-06/249 "About resolutions of the Supreme Court of Ukraine, the judgments of economic courts made by results of review"
On amendment to the information letter of the Supreme Economic Court of Ukraine of 15.03.2011 No. 01-06/249 "About resolutions of the Supreme Court of Ukraine, the judgments of economic courts made by results of review" we report the legal line items of the Supreme Court of Ukraine stated in resolutions, the judgments of economic courts made by results of review according to the procedure, provided by the Section XII-2 of the Economic Procedure Code of Ukraine.
1. In disputes on the conclusion, change, termination, recognition invalid agreements:
- rules of Article 220 of the Civil code of Ukraine (further - the Civil Code of Ukraine) do not extend to transactions which are subject to the notarial certificate and state registration as the moment of making of such transactions according to Articles 210, of 640 Civil Code of Ukraine contacts their state registration (the resolution of 18.04.2011 No. 2-17/604-2009);
- the part three of Article 238 of Civil Code of Ukraine establishes prohibition on the conclusion of the transaction in which one representative at the same time acts on behalf of several partners (the resolution of 16.05.2011 No. 19/87-10);
- the law connects possibility of agreement cancelation by a court decision not directly with essential change of circumstances, and with availability of four conditions determined by part two of Article 652 of Civil Code of Ukraine in case of essential change of circumstances (the resolution of 23.05.2011 No. 53/325-09);
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