“Paragraph 18 of the Resolution of the Plenary of the Russian Federation Supreme Court No. 6 of June 11, 2020, on the offset of specified claims: to agree with this interpretation or not?” — Tatiana Tereshchenko for Zakon.ru
In paragraph 18 of the Resolution "On some questions of application of the provisions of the Russian Federation Civil Code of the on the termination of the commitments", it is stated that "in cases stipulated by article 411 of the Civil Code, the classification does not entail legal consequences, which he was directed, in particular, either the offset is contrary to the terms of the contract, or term of limitation of actions of active claim is expired . When the Statute of limitations on an active claim expires, the debtor who has received an application for the offset is not obligated to inform the creditor of the lapse of the Statute of limitations in response to it (paragraph 3 of article 199 of the Civil Code). At the same time, the expiration of the limitation period for a passive claim is not an obstacle to the offset".
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