Resolution of the Supreme Court, dated July 07, 2022, case No. 910/1801/21. Available at https://reyestr.court.gov.ua/Review/105178962 The Supreme Court upheld the judgement of the court of first instance …and ascertained: The plaintiff (an individual entrepreneur) submitted to the Kyiv City Commercial Court an action against the defendant (an individual entrepreneur) in order to recover UAH 250…
Category: Contracts
Software developers walking on the edge of liability
Sentence of the Odessa Court of Appeals, dated February 24, 2021, case No. 522/8715/13-к. Available at https://reyestr.court.gov.ua/Review/95098145 (a pending cassation appeal) In 2011, a Ukrainian company and Norwegian company 1 signed a website development agreement for another company, Norwegian company 2, according to which the Ukrainian company undertook to develop the above-mentioned website and further…
Non-compete agreements (NCA) in Ukraine
Judgement of the Dnipropetrovsk Region Court of Appeals, dated August 18, 2014, case No. 191/215/14-ц. Available at http://www.reyestr.court.gov.ua/Review/40234833 The plaintiff (a legal entity) and the defendant concluded an employment agreement under which the defendant was employed as a sales manager. The provisions of the employment contract prohibiting the defendant within three years after termination or…
Settlements in Foreign Currency and Liability of Ukrainian Residents
Resolution of the Supreme Court of Ukraine, dated February 13, 2012, case No. 21-422а11. Available at http://reyestr.court.gov.ua/Review/22204833 In accordance with part 1 of Article 1 and part 1 of Article 2 of the Ukrainian Law On the Procedure for Settlements in Foreign Currency, import transactions of residents performed on a deferred payment basis must be…
No effect of an arbitration clause in contract invalidation proceedings started by a third party who is a bankruptcy initiating creditor
Resolution of the Supreme Court of Ukraine, dated November 16, 2016, case No. 908/560/16. Available at http://reyestr.court.gov.ua/Review/62880970 I.T.G-INVEST LLC submitted an action to the Zaporizhzhia Region Commercial Court requesting invalidation of loan agreement No. 19 of 10.02.2009 and additional agreements No. 1 of 15.04.2011, No.2 of 04.11.2011 and No. 3 of 30.07.2014. The lower courts…
Cancellation, rescission of contracts and what they result in
Resolution of the Higher Commercial Court of Ukraine, dated March 29, 2017, case No. 906/881/16. Available at http://www.reyestr.court.gov.ua/Review/65678613 Article 599 of the Ukrainian Civil Code states that performance of an obligation in the appropriate manner extinguishes this obligation. In accordance with parts two and four of Article 604 of the Ukrainian Civil Code an obligation shall…
Liability of a freight forwarder and a carrier
Resolution of the Higher Commercial Court of Ukraine, dated February 08, 2017, case No. 911/2032/16. Available at http://www.reyestr.court.gov.ua/Review/64620853 Having satisfied the action the court of first instance proceeded from the fact that the cargo handed over for the transportation had not been delivered to the destination and had been partially lost. Therefore, the defendant, who at…
Choice of court agreements
Resolution of the Higher Commercial Court of Ukraine, dated September 15, 2015, case No. 911/539/15. Available at http://reyestr.court.gov.ua/Review/50706939 The lower courts ascertained that the plaintiff in this case had filed the action against the defendant on the ground of the right of subrogation under the contract of cession, dated March 03, 2014. The plaintiff is a…
Contract interpretation
Resolution of the Supreme Court of Ukraine, dated July 01, 2015, case No. 3-195гс15 (910/24029/13). Available at http://reyestr.court.gov.ua/Review/46803652 The contract interpretation option available under Article 213 of the Ukrainian Civil Code may be implemented before the parties to a contract commence fulfilling the contract, and not after they have been fulfilling the contract over a…
Bonum Aequum Ars Jus 