FBK Legal News

Vek newspaper analyzes possibility of creating judicial precedent — cancellation of contract since it is of onerous nature. This is what Baltika brewery company is trying to achieve, bringing a suit against Russky solod. According to the publication, it is already the third attempt of the brewery. So, as the two previous ones it was a failure. Judges recognized that parties conflict was prompted by objective economic factors, however, they did not find any onerous relapse in the contract.

“Though the term “cabal transaction” is really present in legislation, in my opinion, it is not applicable to economic activities, as long as here the core principle is liberty of contracts”, Head of FBK-Legal Corporate Practice, Alexander Ermolenko told Vek newspaper. According to the expert, it is supposed that entrepreneurs, when entering contract relations under various conditions, act at their own risk. “So, if they risk and then lose, no one is obliged to reimburse anything to them”, Ermolenko explained.