En UaRu
Call Leave a request

The plaintiff threatened the judge for not explaining the terms of the lease

Even a solution to an economic dispute can become a breeding ground for threats! For example, the consideration of one of the cases, during which the plaintiff asked to explain to him certain clauses of the land plot lease agreement, ended with the tenant dissatisfied with the court decision not in his favor, took it as a personal insult and promised the judge that he would answer for it!

The judge first suggested to the plaintiff to challenge the decision on appeal court, and then, wishing to clarify the situation, asked the plaintiff if he was threatening him.

The plaintiff replied that when he threatens, people understand this from the first word, and in this case he simply warns that the judge will regret the decision.

What caused the situation?

The entrepreneur went to court with a clarifying claim, in which he asked to interpret the terms of the lease agreement for the land plot, which he rented from the local council.

The plaintiff was interested in specific articles on which, in his opinion, he and the landlord did not have the same understanding of their content.

He believed that these conditions contradict each other and are not consistent with the provisions of the law, therefore, are the reason for the dispute.

“The plaintiff asked for clarification of the provisions allowing him to revise the size and amount of rent without amending the contract before its expiration. He “got hooked” on the term “revise”, which, in his opinion, supported by the Academic Explanatory Dictionary, can be interpreted in different ways when drafting contracts.

In this case, the plaintiff also referred to the legislative procedure for revising the rent, according to which changes are made after the agreement of the parties and are fixed in writing, and not carried out automatically.

The case was considered for a long time! The plaintiff also sought an interpretation of the terms of the prolongation, additional agreements, touched upon the settled disputes on the debt, etc.

The outcome of the “dispute in regards revision ” consideration!

The court, having analyzed all the circumstances, did not find any formulations that were incomprehensible and complicating the fulfillment of the contractual obligations by the plaintiff in the lease agreement.

It was decided that the plaintiff, at the time of signing the contract, understood its terms and did not need to interpret them. In satisfaction of the claims, he was refused.

04.12.2019

577

YOU MAY BE INTERESTED IN
Procedure for judicial debt collection

Judicial debt collection is an important tool for restoring justice and recovering the debt after an unsuccessful settlement of the dispute by peaceful means. This process requires precision, compliance with the law and procedures, and is a legal mechanism. In this article, we will look at the foreclosure procedure and the key rules that must […]

The amount of moral damage established by the court does not change the SCU

The Supreme Court of Ukraine is not authorized to review the amount of moral damage! This conclusion was made after consideration of case No. 258/1169/14-ts (proceeding No. 61-22745sv18) dated 12/05/2018. So, for consideration by the Supreme Court of Ukraine, a cassation complaint of a plaintiff-private person to a defendant-state enterprise was received. The plaintiff demanded […]

Appealing the decision of the Military Medical Commission (MMC)

The Military Medical Commission (MMC) is a body that conducts a medical examination of persons performing military duty and determines their suitability for military service. Sometimes such persons do not agree with the conclusions of the MMC, considering them unfounded. In such cases, there is a need to appeal the decision of the MMC. According […]

Supreme Court of Ukraine on invalidation of the terminated agreement

Departure from existing legal positions by replacing them with new conclusions in the formation of law enforcement practice by the Supreme Court of Ukraine is a standard procedure! Thus, on November 27, 2019, the BC-SCU published a legal opinion in case No. 905/1227/17, by which it departed from the 2015 conclusion in case No. 918/144/15. […]

Can spouses divide an unauthorized built house in case of divorce?

They wanted to save money, but it turned out the other way around. The couple built a house in which they planned to live happily ever after, but the family union fell apart … In court, the question arose of how to divide the house, which, as it turned out, cannot be divided due to […]

Secrets of a Successful Legal Consultation: How to Get the Most Out of Your Meeting with an Attorney

Meeting with an attorney is a crucial step in resolving legal issues and successfully protecting a client’s interests. An attorney is a professional who can provide qualified legal assistance and support. But how can you maximize the benefits of your meeting with them and ensure a successful outcome? 1. Studying the Attorney’s Successful Cases First […]

Address

01133, Kyiv, blvd. Lesi Ukrainky 26 (block L26), office 613

Email

info@grandliga.com.ua

Phone number

+380443395088

We work

Schedule: from 10:00 to 18:00
Weekend: Sunday

Make a route