Right to the claim and its breach in the commercial legal proceedings

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PDF: Author(s): Perekrestnaya O O.,
Number of journal: 3(24) Date: August 2013

Various general scientific approaches to the definition of the right to claim are analyzed in the article. Objective prerequisites of realization of the right to commercial claim are identified. Specific forms of abusing the right to appeal to the commercial court are investigated, including bringing of a suit and a counter-claim, and claims of the third parties without the purpose of defending the infringed or disputed rights. The general goal of the most part of such breaches is aimed at the artificial creation of the obligatory reasons for suspension of the judicial proceedings stipulated by p. 1 art. 79 of the Code of Commercial procedure of Ukraine, which results in increasing of the actual period of settlement of the dispute between the parties. This article is based on the data of the legal practice of the Commercial court of Donetsk region (Ukraine).


prosecute somebody, counter-claim, claimant, defendant, third party, breach, reasons of claim, procrastination of proceedings, remit a claim, recovery of a debt, invalidity of agreement

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