Article title: FAITHFUL OPPOSITION TO COLLECT LOAN: PROCEDURAL MATTERS

Article author: Yudin Andrey Vladimirovich

Number of pages: 6

Contact mail: kafedra-gr-process@yandex.ru

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Annotation:
The article analyzes the issues of unfair counteraction to the collection of accounts payable, when the debtor, in order to prevent the collection, initiates a "parallel" process aimed at disavowing the contract that serves as the basis for the collection. Procedural consequences of initiation of such case are considered on the basis of the legal positions of the Supreme Arbitration Court of the Russian Federation remaining in force. The article reviewed and permitted such basic situations as the timeliness of filing a counterclaim challenging the agreement; no obligations of the court to suspend proceedings for the recovery in case of challenging a contract in a different case; the validity of the check the court of the facts of imprisonment and the validity of the contract without special request of the parties; the algorithm of action of ships verification of the chain of command in cases of satisfaction of requirements about challenging the agreement if you held the decision on collecting; the need to clarify the plaintiffs claims for recovery in the event of cancellation of the contract in another case. In general, the mechanisms of overcoming the contradiction consisting in the obligation of the court, on the one hand, to counteract possible abuses of procedural rights, and, on the other hand, to prevent the diminution of the rights of persons involved in the case, including under the pretext of combating possible abuses, are considered.