JSC\n“Russian Railways “(the Lessor) and LLC “VALANCY” (the\nLessee) signed a lease agreement for the washing and steaming station, which\nprovides for an investment component in the repair and modernization of the\nstation.<\/p>\n\n\n\n
The claim of\nJSC “Russian Railways” on termination of the lease of the washing and\nsteaming station against the client of MCBA “Bureau of Lawyers “De\njure” was left by the court without consideration.<\/p>\n\n\n\n
In connection\nwith the expiration of the investment project and the completion of work by the\nLessee is not in full, the Lessor appealed to the court with a claim to the\nLessee to terminate the lease agreement.<\/p>\n\n\n\n
Leaving the\nstatement of claim without consideration, by a ruling of January 31, 2020, the\nArbitration Court of the Moscow Region agreed with the arguments and legal\nposition of lawyers of MCBA “Bureau of Lawyers “De jure” regarding\nthe following circumstances.<\/p>\n\n\n\n
The nature of\nthe claims and the category of the dispute are not directly included in the\nlist of the Agro-Industrial Complex of disputes, which provide for the\nmandatory observance of the pre-trial claim procedure for dispute settlement. However,\nthis procedure is provided for in the Civil Code, which provides for the right\nof the Lessor to demand early termination of the lease agreement only after\nsending the Lessee a written warning about the need to perform the obligation\nwithin a reasonable time.<\/p>\n\n\n\n
In addition,\nreferences to 6 claim letters in support of compliance with the claim procedure\nfor settlement of the dispute did not help the Lessor, since the claims-grounds\nof these letters were not identical to the grounds of the claim.<\/p>\n\n\n\n
Head of MCBA\n“Bureau of Lawyers “De jure” N. V. Filippov and lawyer R. K.\nGitinov took part in forming of the\nlegal position on the case and preparing a petition to leave the claim without\nconsideration.<\/p>\n\n\n\n
The interests\nof the Lessee in the Arbitration Court of the Moscow Region were represented by\nlawyer R.K.Gitinov. <\/p>\n","protected":false},"excerpt":{"rendered":"
JSC “Russian Railways “(the Lessor) and LLC “VALANCY” (the Lessee) signed a lease agreement for the washing and steaming station, which provides for an investment component in the repair and modernization of the station. The claim of JSC “Russian Railways” on termination of the lease of the washing and steaming station against the client of…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[147],"tags":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33166"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=33166"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33166\/revisions"}],"predecessor-version":[{"id":33167,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33166\/revisions\/33167"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33166"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33166"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33166"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}