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"KDL should not reimburse losses on a transaction if the bankruptcy trustee has assigned the rights of claim under it." Ksenia Panteleeva for "Lawyer Newspaper"..
19 февраля 2024 г.

The professional publication "Lawyer's Newspaper" published a commentary by Ksenia Panteleeva, Deputy Managing Partner, Head of the Regional Office of Alliance Legal Consulting Group.

The professional publication "Laweyr's Newspaper" published a commentary by Ksenia Panteleeva, Deputy Managing Partner, Head of the Regional Office of Alliance Legal Consulting Group. 

"KDL should not reimburse losses under the transaction if the bankruptcy trustee has assigned the rights of claim under it". 

The Supreme Court explained that if the claims that a creditor has against debtors are aimed at satisfying a single economic interest, it is entitled to receive fulfillment only once. 

Ksenia believes that the issue raised is relevant both in terms of doctrine and emerging practice. She noted that doctrinally the dispute is related to the distinction between methods of defense (restitution) and measures of liability (recovery of damages). In the expert's opinion, the definition correctly notes that these methods of legal response are aimed at ensuring essentially the same economic interest - restoration of the debtor's property sphere to its former state. 

You can read the full version of the article on the website of the publication "Lawyer's Newspaper".