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The Supreme Court gave its own interpretation of the Civil Code

The Supreme Court gave its own interpretation of the Civil Code

Evgeny Zhilin, Managing Partner of the Law Firm "YUST", believes that the expansion of the court’s rights may have far-reaching consequences, not necessarily positive ones. The Kommersant newspaper publishes a material on the suggested new interpretation of the Civil Code.

The Supreme Court of Russia has prepared explanations to the courts concerning the application of the provisions of the Civil Code, which has suffered serious changes over the last three years. The document encompasses virtually all general provisions of the Code and contains the rules of consideration of disputes with individuals as well as with companies. The role of the court in this process is strengthened: the court will be able to, acting upon its own initiative, ascertain the abuse of right and to rule a party dishonest. The document urges the judges to not approach the process with too much formality and to not refuse to protect a right due to procedural imperfections or lack of legal qualification. Meanwhile, the courts will be able to suggest for discussion the circumstances, which the parties have not previously referred to.

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