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…
Tag: 乌克兰
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…
Access to classified information and corporate governance
Resolution of the Higher Commercial Court of Ukraine, dated March 21, 2017, case No. 910/12345/16. Available at http://reyestr.court.gov.ua/Review/65508205 The lower courts ascertained that the plaintiff owns shares of PJSC SIC “Borshchahivskiy Chemical Pharmaceutical Plant”. The total amount of the shares is equal to 29,9488 % of the registered capital of PJSC SIC “Borshchahivskiy Chemical Pharmaceutical Plant”. On…
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…
Protection of trade names
Resolution of the Higher Commercial Court of Ukraine, dated December 22, 2015, case No. 910/20889/13. Available at http://reyestr.court.gov.ua/Review/54538286 A trade name is the name used by a legal entity or an individual, who is an entrepreneur, in order to distinguish themselves in the market or for their identification in business relations. Ukrainian legislation does not require…
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…
Application of the Convention on the Limitation Period in the International Sale of Goods (New York, 1974)
Resolution of the Higher Commercial Court of Ukraine, dated August 20, 2014, case No. 917/2572/13. Available at http://reyestr.court.gov.ua/Review/40263116 In paragraph 10.2 of the contract the parties have agreed that in respect of the rights and obligations of the parties the law of the country of the defendant shall be applied; in this case it is legislation…
Liability of a manufacturer and importer
Resolution of the Higher Commercial Court of Ukraine, dated January 17, 2017, case No. 910/17944/15. Available at http://www.reyestr.court.gov.ua/Review/64233322 On July 13, 2015 the Limited Liability Company “Time Tracker” submitted an action to a commercial court for the recovery of UAH 640999.12 as property damages from the Private Joint Stock Company “Autocapital” due to product defects in…
Legal remedies: theory and real life
Resolutions of the Supreme Court of Ukraine, dated May 21, 2012, case Nos. 6-18цс11, 6-69цс11, 6-20цс11. Available at http://reyestr.court.gov.ua/Review/24976430, http://reyestr.court.gov.ua/Review/24976440, http://reyestr.court.gov.ua/Review/24704776 In addition, the court did not take into account that limitation of ways to protect civil rights or interests shall be applied in compliance with the provisions of Articles 55, 124 of the Constitution…
Spouses and their share in a company
Ruling of the Higher Specialized Court of Ukraine for Civil and Criminal Cases, dated December 14, 2016, case No. 756/10797/15-ц. Available at http://reyestr.court.gov.ua/Review/63583511 In accordance with Articles 69, 70 of the Ukrainian Family Code a wife and a husband have a right to divide the property co-owned by them, regardless of whether they get divorced…
Bonum Aequum Ars Jus 