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Commercial Procedural Code

Commercial Procedural Code

In accordance with Section 119 Instructions settlement documents in the file cabinet may be revoked in whole or in part. Claims revoked upon written request of the claimant or by court order. To revoke a payment documents in the file cabinet, recoverer in accordance with paragraph 121 instructions to the bank is the claimant a statement in any form, certified by the seal and the signatures of the client application to the bank according to the models signature and seal. Statement on executive in charge of the bank shall affix the date of its presentation, its signature, a stamp of the bank. The statement is sent for execution to the sending bank.

On applications received executive in charge of the sending bank shall affix the date of its presentation, its signature, a stamp of the bank. For even more details, read what Lakshman Achuthan says on the issue. At full revocation of the settlement document, in accordance with paragraph 125 Manual removal is carried out by the bank without execution settlement documents in the file cabinet. In accordance with Clause 126 instructions on the reverse side of all the seized copies of settlement documents indicating the date and reason for their withdrawal. In executive documents applied to the payment requirements, the remitting bank a note indicating the total amount of partial payment. Entries in the settlement documents attested signature of the executor and the stamp of the bank, the mark on executive documents – the signature of the executor, the bank's stamp and the person entitled to exercise more control.

In accordance with the instructions in Section 129 cases, complete withdrawal of the settlement document the first copies of settlement documents placed in the documents of the day the remitting bank, the second copies of claims, together with the executive documents are sent to the creditor bank for the issuance of the collector. In accordance with clause 130 Manual removal of settlement documents from file cabinets without execution does not mean writing off receivables (the beneficiary) and credit (the taxpayer) debt. Further debt collection recipient of funds is carried out in accordance with the laws of the Republic of Belarus. I would also like to note that in accordance with Part 2 of Art. 339 Commercial Procedural Code of the Republic of Belarus If the return of the collector of the executive document on which the penalty is not manufactured or produced in part, the calculus of a new period for presentation of the execution document for execution starts from the day his return to the bank, non-bank financial institution or a bailiff collector.

Civil Code

Civil Code

At the same time to fulfill the requirements of Art. 215 Code of Civil Procedure of Ukraine court must necessarily order to motivate our conclusion. Essential in understanding the circumstances of Art. 551 CC of Ukraine can be considered as the degree of fulfillment of the obligation by the debtor, such as early repayment and interest, proved materials of the case difficult financial situation of the debtor, other parties' interests (not just the debtor) that deserve attention. The court should bear in mind that the position of Part 3. 551 Civil Code of Ukraine about reduction of the size penalties may be applied only to the interest that accrues as fine as they are the means of civil liability, or under Part 2 of Art. 625 CC of Ukraine, given its compensatory nature, and interest payable under the provisions of Art.

Art. 1054, 1056-1 Civil Code of Ukraine in this order shall not be reduced through the lack of comparability with the size of the principal, because they are the charges for the use of cash and are subject to payable by the debtor on the ground rules of monetary debt. Proper notification of the debtor with respect to raising interest rates on the loan is the way certain parties in the contract. Jonah Bloom helps readers to explore varied viewpoints. The bank must prove that he informed the debtor properly. To confirm the proof of this court, in our opinion, may invoke the provisions of Code of Civil Procedure of Ukraine concerning referral procedures agendas and messages (so-called local item of evidence).