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Where the project owner exercises strict factual control over the construction site and directly supervises the execution of works, good faith may permit a subcontractor to notify the project owner directly upon discovery of works not accounted for in the design-estimate documentation, as recognised by the Supreme Court of Uzbekistan.
Case details1. Recovery of damages requires proof of an infringement of rights and a direct causal link to the harm. 2. Under a concluded storage contract, the warehouse keeper’s obligation to store the item arises only after the depositor has delivered and handed over the item. 3. The parties may agree on reimbursement of future expenses. The Supreme Court’s position Under Contract No 272 dated 25 December 2018 on gratuitous (on demand) storage, the depositor (respondent) undertook to deliver technical cotton,…
Case detailsThe facts of the case 28 July 2017 Company N (the ‘company’) and Company T (the ‘respondent’ or ‘buyer’) concluded a contract for the sale of an immovable property No 1 with a total area of 504 square meters, located on a land unit with a total area of 2,456 square meters (the ‘asset’) for 650,000,000 soums. Общество с ограниченной ответственностью S (the ‘claimant’) filed a claim against the respondent seeking to invalidate the minutes of the company’s founding meeting…
Case detailsMr X asked the court to review the court decision dated 21 October 2008 on newly discovered circumstances, on the grounds that a repeated forensic economic examination to determine the correctness of actions of the management of the Company was conducted based on the ruling of the Prosecutor’s Office of the Mirabad District dated 15 January 2019. According to the conclusions [of such examination], in 2005, upon the claimant’s withdrawal from the participation in the Company, the management incorrectly calculated…
Case details8 and 9 April 2020, a sudden cold snap and heavy snowfall occurred, harming an orchard. The nets installed to protect against hail and their supporting reinforced concrete pillars could not withstand the weight and collapsed, resulting in breakage and irreparable damage to the part of the orchard. 9 April 2020 the Agricultural Department of Jomboy District, the Samarkand Regional Department of the Horticulture and Greenhouse Development Agency, the Council of Farmers, Peasants, and Private Landowners of Jomboy District, and…
Case details1. When a participant’s share* in the charter capital of the company is attached under the writ of execution of the criminal court, the state executor can foreclose on the property of the company of the same value which can be given to condemned participant in kind for leaving the company. At the same time, the right to separate from such property the shares of other participants of the company is retained. Such foreclosure of the company’s property in kind…
Case details1. No collateral obligation survives the termination of the contract if it has been specifically given for the default of the loan repayment obligation under the terminated contract unless otherwise clearly spelled out in the terminated contract. Facts of the case On May 2017* the bank issued a foreign currency loan (the “FCY loan”) to the company under the suretyship of two sureties as collateral of the company’s loan repayment obligation. The extent of sureties’ liabilities was also denominated in…
Case details1. A retainage (guarantee withholding) and the party’s failure of releasing it after expiration of warranty period are enforceable with economic courts. The facts of the case The company (subcontractor) and the enterprise (general contractor) concluded a construction contract. The contract provides that retainage (guarantee withholding) will be released within a year after the expiration of warranty period. The company asked the court to recover from the enterprise a principal debt and contractual penalties. The court of first instance fully…
Case details1. The lack of registration of the contract in the system (TSOYEAT) does not violate the public order. Participation in the process of appointment of an arbitrator bars jurisdictional claims. The facts of the case A Joint Stock Company (the “applicant”) applied to the “Riga International Arbitration Court” (“arbitration court”) against the Limited Liability Company (the “debtor”). The arbitration court ruled in favour of the applicant awarding the debt owed, with other costs, and recognized the right to “statutory interest…
Case details1. The courts determine whether the amendments made to the acts of legislation are the imposition of new duties on business entities and the establishment of new measures of their responsibility. The facts of the case The company carried out customs clearance applying the privilege (exemption) for customs payments (Nr. 1 RP-5225 dated 19 August 2021). On the fact of the incorrect application of the customs privilege, the territorial department of the State Customs Committee (“customs office”) went to court…
Case details1. Clarification of claims violates Arts. 274 III and 276 III EPC. The facts of the case The bank asked the court to recover from the defendant the loan (credit) debt and to enforce the property pledged and acquired at the expense of the credit. The court of first instance determined to recover from the defendant and the co-defendant the loan debt jointly and severally and to enforce the pledged property. The court of appeal instance, having considered the application…
Case details1. The ambiguity of the claim, the uncertainty of the amount and the possible difficulties at the stage of enforcement of the arbitral award violates public order. The facts of the case The Partnership applied to the Samarkand Regional Court with an application for the recognition and enforcement of the arbitration award of the ICAC at the Chamber of Commerce and Industry of the Russian Federation (“arbitral award”) on the recovery from the Company of the principal debt, penalties, arbitration…
Case details1. The contract (including a PPP agreement) concluded without procurement procedure is nul and void ab intio under Art 116 I CC. The title of the agreement and a reference to the acts of legislation in its content serve as an indication as to the qualification of the agreement. Facts of the case The claimant leased educational buildings for 30 years to the respondent on 18 October 2018 through PPP. In early 2022 the claimant demanded the declaration of invalidity…
Case details1. Contractual assurance as to the existing circumstances, in particular that ‘all the necessary permits, licenses, powers, registrations, approvals, and other actions of the debtor necessary to enter into obligations were duly obtained and have legal force’ is a contractual obligation in the sense of Art 234 CC and is thus deemed to be circumstances within the control of the debtor. The Supreme Court’s position According to Art 234 II CC ‘obligations arise from contract, from causing of harm, and…
Case details1. Procedural claim that the legal transaction is void ab initio under Art 116 CC may be contrary to good faith and an abuse of rights, even if the illegal action (forgery of an official document) is confirmed by the criminal court’s sentence, in case it is not proven by the claimant in the first instance. The facts of the case 2 July 2021 Respondent No 1 (the ‘Bank’) and Respondent No 2 concluded a credit agreement. On the same…
Case details1. Any change (including repayment period extension) in the terms of the main obligation, other than increase in the debt amount, introduced without the surety’s consent does not prima facie result in an increase in the surety’s liability or any other adverse consequences which serves the basis for termination of the suretyship. 2. When the suretyship term is ‘until the full execution of the main obligation’, it shall be terminated unless the creditor brings a court claim against the surety…
Case details1. Subsequent hypothec (pledge) which disregards the previous hypothec, in particular through stating in the subsequent hypothec agreement that ‘there is no prohibition in respect of the pledged buildings and structures and no pledge in favour of third parties’ is invalidated in case the pledgor did not receive the previous pledgee’s consent on disposing of the subject matter of the pledge, even if the subsequent pledgor did not know or clearly should not have known of the limitation of the…
Case detailsThe MChJ’s position Clause 11.2 of the Agreement stipulates that disputes shall be administered by the international arbitration court established under the Chamber of Commerce and Industry of the Republic of Lithuania, and the extract from the Register of legal entities of the Republic of Lithuania submitted to the court by the foreign enterprise indicates that the VCCA [Vilnius Court of Commercial Arbitration] is the legal successor of the arbitration court at the Association International Chamber of Commerce. The international…
Case details1. A pledge agreement is neither exchange or donation of goods, nor onerous or gratuitous transfer of property, including for temporary use. The Supreme Court’s position 12 December 2022 the Tashkent Interdistrict Economic Court declared the claimant insolvent, initiated liquidation proceedings and appointed a liquidation manager. After that, the liquidation manager, based on Art 63 III of Law of 12 April 2022 No LRU-763 on Insolvency, requested to declare the pledge agreement concluded between the parties invalid, apply the consequences…
Case details1. The value added tax rate reduction by operation of law negates unilateral increase in the price for the goods with the view to keep the total contract amount intact. The Supreme Court’s position 31 July 2019 the parties concluded the contract. The respondent agreed to deliver metal pipes to the claimant for 2,150,000 soums per meter including VAT at 20%. Since 1 October 2019 the VAT rate was reduced from 20 % to 15 % as per Nr 1…
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Uzbek Case Law