TECHNICAL PASSPORT - CANCELLATION IN COURT
Posted: Tue Jun 17, 2025 10:15 am
If the letter of termination of the contract was sent during the consideration of the case in court, and the case itself concerns the termination of the contract, then it is quite logical that such a letter will not be taken into account by the court. First send the letter - only then go to court!
QUESTION - 10: What are the consequences of the physical non-existence of certain evidence at the time of filing a lawsuit with the court, can it be accepted by the court in the future?
No, under any circumstances it cannot be additionally accepted as evidence. This will lead to the court starting to wonder: “maybe he is” or “maybe he will appear”, but such formulations are unacceptable. And if the court takes such special database evidence into account - such actions violate the current legislation.
Similar conclusions of the Supreme Court dated 02/26/19, case 913/632/17, dated 02/06/19, case 916/3130/17, dated 10/19/21, case 903/533/21.
QUESTION - 11: Is it possible to return the funds paid under a construction contract under Article 1212 of the Civil Code of Ukraine (unreasonably acquired funds)?
According to Article 1212 of the Civil Code, a person who acquired property or kept it at the expense of another person (the victim) without sufficient legal grounds (unreasonably acquired property) is obliged to return the property to the victim. A person is obliged to return the property even if the grounds on which it was acquired subsequently ceased to exist.
Since the funds were transferred on the basis of a contract, which is a sufficient legal basis.
Therefore, it is impossible to apply Article 1212 of the Civil Code in such relations.
This is also stated by the Supreme Court of 02/06/20, case No. 910/13271/18, and 04/23/19, case 918/47/18.
QUESTION - 10: What are the consequences of the physical non-existence of certain evidence at the time of filing a lawsuit with the court, can it be accepted by the court in the future?
No, under any circumstances it cannot be additionally accepted as evidence. This will lead to the court starting to wonder: “maybe he is” or “maybe he will appear”, but such formulations are unacceptable. And if the court takes such special database evidence into account - such actions violate the current legislation.
Similar conclusions of the Supreme Court dated 02/26/19, case 913/632/17, dated 02/06/19, case 916/3130/17, dated 10/19/21, case 903/533/21.
QUESTION - 11: Is it possible to return the funds paid under a construction contract under Article 1212 of the Civil Code of Ukraine (unreasonably acquired funds)?
According to Article 1212 of the Civil Code, a person who acquired property or kept it at the expense of another person (the victim) without sufficient legal grounds (unreasonably acquired property) is obliged to return the property to the victim. A person is obliged to return the property even if the grounds on which it was acquired subsequently ceased to exist.
Since the funds were transferred on the basis of a contract, which is a sufficient legal basis.
Therefore, it is impossible to apply Article 1212 of the Civil Code in such relations.
This is also stated by the Supreme Court of 02/06/20, case No. 910/13271/18, and 04/23/19, case 918/47/18.