INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of July 17, 2012 No. 01-06/928/2012

About practice of application by the Supreme Economic Court of Ukraine in hearing of cases of separate regulations of the substantive right

For the purpose of ensuring the correct and identical court practice we consider necessary to draw the attention of economic courts to practice of application by court of cassation instance in hearing of cases of separate regulations of the Civil code of Ukraine (further - the Civil Code of Ukraine, the Economic code of Ukraine (further - HK of Ukraine) and other acts of the legislation which contain regulations of the substantive right, namely:

1) parts one of Article 692 of Civil Code of Ukraine concerning determination of term of accomplishment by the debtor of monetary commitment which arose based on the agreement of purchase sale (in the ratio to happiness of the second Article 530 of Civil Code of Ukraine).

According to part one of Article 692 of Civil Code of Ukraine the buyer shall pay to the seller total price of the transferred goods. Payment payment by installments can be provided by the agreement of purchase sale.

Therefore, if another is not established by the agreement signed by the parties or the act of the civil legislation, the current of term of accomplishment of monetary commitment which arose based on the agreement of purchase sale begins with the moment of acceptance of goods or adoption of tovarorasporyaditelny documents on it, and the provision of part two of article 530 of the called Code in which there is a speech about the term (period) of accomplishment by the debtor of obligations which are not established or determined by the moment of submission of demand, is not applied to the corresponding legal relationship (see the resolution of the Supreme Economic Court of Ukraine of 28.02.2012 No. 50028/481-2011).

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