Form or contents? General or special legislation? Once again, the RF Supreme Court faced these issues, resolving a dispute to invalidate a contract in bankruptcy proceedings. The Supreme Court emphasized in its Ruling the need for systematic interpretation of the meaning of the contract and comprehensive examination of the circumstances of transacting.
Roman Prokofiev, an Advocate of ART DE LEX Restructuring and Insolvency practice, notes that this Ruling corresponds to the general trend of arbitration courts scrutinizing the circumstances of making transactions that are disputable from the point of view of the Bankruptcy Law. “It is not uncommon for courts to give an independent legal qualification that differs from the one stated in the justification of an invalid transaction, to call upon the parties to disclose their positions in more detail, and to request additional evidence. The opposite approach is now rather an exception to the general rule”, adds Roman.
Read the article in Advocate Gazette in more detail: https://www.advgazeta.ru/.../vs-prizval-nizhestoyashchie.../