Date: 3 months ago   Category: Financial

The Supreme Court defined in what currency to repay debts


The borrower, if lent money in foreign currency, then has to return to the creditor such  the sum also in foreign currency, reported in Big chamber of the Supreme Court. The big chamber of the Supreme Court of Ukraine obliged Ukrainians to repay debts in that currency which is defined by the loan agreement. It is reported on the page on Facebook of the Supreme Court. VS came to a conclusion that if the borrower borrowed the sum in foreign currency, then he is obliged if another is not provided by the law or the contract, to return to the creditor such  the sum in foreign currency. "Both the conclusion, and implementation of contractual obligations in foreign currency does not contradict the current legislation", - it is noted in the message. At the same time the borrower is obliged to return money to terms, in a size and in that currency which is defined by the loan agreement, but not in all cases and is unconditional in national currency of Ukraine. "In case of the instruction in the judgment on collecting means in foreign currency with definition of an equivalent of such sum in hryvnia to the execution creditor the amount specified in a resolutory part of the judgment in foreign currency, but not its equivalent in hryvnia has to be transferred", - specify in VS. Thus, the Big chamber of the Supreme Court departed from the legal conclusions of the Supreme Court of Ukraine and Cassation civil court as a part of the Supreme Court about a possibility of collecting money in foreign currency. Earlier in the resolution of July 2, 2014 on case No. 6-79tss14 the Supreme Court noted that irrespective of debt currency payment currency, that is means of repayment of a liability and its actual execution, the national currency of Ukraine - hryvnia is. And in the resolution of Cassation civil court as a part of the Supreme Court of July 25, 2018 on case No. 308/3824/16-ts it is said that irrespective of the debt currency determined by the parties in the obligation currency of payment is only the hryvnia, on condition of absence at the parties of the corresponding license of the National Bank of Ukraine. Let's remind, daily Ukrainians on average transfer about 100 billion hryvnias through banks. Also it was reported that in Ukraine growth of interest in mortgage lending is fixed. News from the Correspondent.net in Telegram. Subscribe for our https://t.me/korrespondentnet channel

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