About causation as a condition for foreclosure as losses

27 марта 2014, КомментарииКомментарии к записи О причинно-следственной связи как условие для взыскания в качестве убытков отключены

The Agency's lawyers Rout the practices established between the late payment and insurance incurred on account of interest for using credit costs (if the loan is taken on [...]
Выдержка их Постановления Президиума ВАС РФ от 24.04.2012 N 16327/11 по делу N А79-12041/2010

According to the contract of sale from 01.12.2008 N 1006/2008 entrepreneur has purchased a car, which produced the money obtained from the Bank based on the loan agreement dated 05.12.2008 N 621/0053-0000646 (hereinafter referred to as the loan agreement).
Pursuant to the conditions of crediting under the entrepreneur policy from 03.12.2009 N PBX/1203/015813 (hereinafter referred to as the insurance agreement) insured in group insurance in favour of the Bank vehicle and laid his bank.
What happened as a result of destruction of a vehicle fire/insurance group insurance event is not recognized and denied statements by entrepreneur on insurance claims.
The Court of arbitration of the Chuvash Republic — Chuvashia decision from 19/08/2010 in the case of N A79-3268/2010 recognized the full destruction of car insurance case and sought insurance group in favor of entrepreneur as plaintiff insurance indemnity in the amount of the executed debt obligations in favour of the Bank as a third person with separate requirements concerning the subject matter of the dispute is not cancelled under the loan agreement payments.
Payment of insurance indemnity insurance group produced payment orders from 06.10.2010 N 2775, dated 07.10.2010 N 2778.
For the period from the date of occurrence of the insurance contract obligations to insurance benefit (17.02.2010) and before the date of the execution of this duty insurance group (08.10.2010) entrepreneur paid 85 554 ruble Bank 32 pennies per cent on credit and, considering the amount of losses caused by late payment of insurance indemnity, sued its recovery (real case).
In accordance with articles 15, 393 of the civil code, the debtor is obliged to reimburse the creditor losses caused by the nonperformance or improper performance of the obligation.
For the recovery of damages under the rules shall be subject to the standards cited the establishment of improper performance of insurance group insurance contract, a causal link between that breach and the requisite losses and their size.
Improper performance of obligations under insurance group insurance claims established by the decision of the Arbitration Court of the Chuvash Republic — Chuvashia from 19/08/2010.
Payment of entrepreneur Bank loan interest for the period of delay in bringing an insurance payment and the size of the paid percent confirmed the existence of the loan agreement and the circumstances of his execution.
Funds provided under the entrepreneur set forth in paragraph 2.1 of the credit contract condition of concluding the insurance contract with insurance group purchased the vehicle, together with an indication of the Bank as a mortgagee (beneficiary) that refutes the conclusion the courts about the lack of relationship between those obligations.
The loan agreement provided for and right of the entrepreneur to early total and partial repayment (paragraph 5.2 of the agreement).
Bank as the mortgagee the right to early performance of the obligation secured by the pledge granted by law in case of loss of the subject of pledge under circumstances for which he is not responsible (subparagraph 3 of paragraph 1 of Article 351 of the Civil Code).
Entrepreneur and Bank, demanding the implementation of insurance payments, expressed in the Court recognized N A79-3268/2010 legitimate intentions on early termination of credit legal relations through the implementation of an insurance contract.
Thus, between the late insurance payment and interest incurred for credit usage costs causal relationship as a condition of their collection as damages.
When the above-mentioned circumstances the refusal of the courts in the recovery of losses because of the lack of credit and insurance relationship obligations contrary to articles 15, 393 of the civil code, therefore, contested judicial acts are subject to cancellation based on paragraph 1 part 1 article 304 of the arbitration procedural code of the Russian Federation alleging the uniformity in the interpretation and application of the rules by the courts of arbitration.
Taking into account the availability of all necessary conditions for the recovery of insurance group losses as a result of improper performance of the contract of insurance claim, the entrepreneur should be accepted.
Entered into legal force Court acts of arbitral tribunals in cases with similar factual circumstances under the rule of law in the interpretation, rashodâŝemsâ with the present judgment, the interpretation may be revised on the basis of paragraph 5 of part 3 of article 311 of the arbitration procedural code of the Russian Federation, if no other obstacles.

Comments are closed.