The Russian Legal Information Agency (RAPSI) published a comment by Olesya Petrol, partner at Petrol Chilikov, regarding the statute of limitations – the matter under consideration in the Betelin case (No. А40-169343/18).
“The case involves an interesting legal matter – the due date for an obligation to pay for goods, if no such due date is specified in the sales agreement. Judicial practice traditionally inclines to calculating the delay in payment immediately from the time of transfer of the goods. If the delay starts after the transfer, the statute of limitations also commences on the next day following the goods transfer to the buyer”, Olesya Petrol notes.
“Such approach gives rise to specific practical consequences, which may literally be called dramatic: given that the 10-year “objective statute of limitations” will start to expire in 2023, everyone who transferred something, say, in 1996, may claim payment for the property that has been transferred years ago from its buyers. Buyers will be cornered: they will have to either find evidence of setting the due date for payment, or evidence of payment itself, or pay for the property received, often for the second time. The courts will have to consider such claims, which will apparently be brought not only against buyers, but also against their successors, as in this case”, Olesya Petrol indicates.”
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