November 23 Main results of the day

The Arbitration Court of the Moscow Region refused to issue a writ of execution to recover more than 64 million rubles from our Principal. Earlier in the dispute between the parties, an amicable agreement was reached, the terms of which were subsequently violated. The creditor applied for the issuance of a writ of execution for the enforcement of a settlement agreement, but did so outside the three-year limitation period and petitioned for its restoration under the pretext of partial execution of the terms of the settlement agreement by analogy with the limitation period. During the trial, the lawyers of the Bureau presented and defended the legal position that the analogy of the law proposed by the opponents is unacceptable and the statute of limitations cannot be restored. The court agreed with these arguments, refused to satisfy the petition and the statement of the opponents, thereby confirming that the restoration of the deadlines for the enforcement of the terms of the amicable agreement providing for a specific payment date does not depend on the circumstances related to the actions of the debtor, and the risks of untimely application for the issuance of an executive sheet in this case are assigned to the creditor. The interests of the Principal were represented by Yakov Prisyazhnyuk, Head of the practice of resolving economic disputes of the Bureau of Lawyers “De jure”.