Ratio decidendi in decisions of Presidium of Supreme Commercial Court of Russian Federation Vol. 45

Decisions of Presidium of SCC of RF (20.09.2011 – 11.10.2011)

Decision of Presidium of SCC  of RF No. 4908/11 dated 27.09.2011 Ratio decidendi

In determining the duties of employer to submit information about vacancies to government employment agency with reference to norms, established by subject of Russian Federation, it is unreasonable to hold employer liable for not presenting information about absence of vacancies.

Decision of Presidium of SCC  of RF No. 5339/11 dated 04.10.2011 Ratio decidendi:
If supplier revoked his notification to buyer about assignment of monetary claims under factoring contract, then buyer must pay for goods before receiving relevant notification from commission agent.

Decision of Presidium of SCC  of RF No. 4904/11 dated  04.10.2011 Ratio decidendi:

1.   By virtue of Section 2.5 of Land Code enforcing Act, all government agencies, including the institute, which are leaseholders of state-owned real estates, do not have right to assign their rights and obligations under real estate lease agreements to third parties from the moment of official publication of the Act (dated 22.07.2008 No. 141-ФЗ)

2.  If at the moment of applying for registration of agreement on assignment of rights and obligations under real estate lease agreement, parties became aware that one of them cannot assign their rights and obligations to third parties as a result of change in legislation, then submitted agreement cannot be registered, because it is contrary to current legislation.

Decision of Presidium of SCC of RF No. 6616/11 dated 04.10.2011  Ratio decidendi:

1. When disputing loan agreement due to lack of money and claiming forge of receipt, presented as a written proof, court can demand the documents, confirming that creditor has financial resources in a amount equal to amount of loan, indicated in agreement, at the moment of its transfer to debtor  (particularly about amount of his profit for a period, preceding formation of contract); information, about these details reflected in tax declaration, submitted in relevant period of sums, equal to sum of loan or exceeding them;  about withdrawal of such sum from his current account (if there is any), and also other (beside receipt) proof about transfer of money to debtor.

2. If court decided on uninvestigated and non-full materials of case with breach of rules of legislation on civil procedure, which led to adopting incorrect judicial decision, then it can serve as a basis for refusal or amendment of this act in accordance to supervision procedure, established in Art. 304 Section 1 (1)  of Commercial Procedure Code.

Decision of Presidium of SCC of RF No. 2549/11 dated 20.09.2011 Ratio decidendi:

1. Because rules of Art. 1033 of Civil Code directly state the right of parties to include particular restrictions into franchising agreement, such restrictions cannot be assumed if they were not established in contract and as a result cannot be applied to parties.

2. The actions of holder of exclusive rights, cannot be admitted as unfair competition, if committed by him according to terms of contract  without illegal intention toward acquisition and use of exclusive rights, or actions, which do not conform requirements of integrity, reasonableness and justice.

Decision of Presidium of SCC  of RF No. 6568/11 dated 11.10.2011 Ratio decidendi:

Rule of Art. 1109 (4) is subject to application only in the case, when transfer of money or other property has been made in a good will and intentionally without any obligations on the part of transferor (gift) or with the purpose of charity. 


(c) Sergey Khalatov, translated by Aibek Ahmedov