The most important resolution from the Ideally suited Court docket on money owed incurred in public utilities –

When the representatives of the related establishment inspected the deal with of the citizen, acts had been drawn up in numerous classes in reference to the invention of the truth that the scheme of the meter used to be violated and got rid of from move.

Publika.az informs that not one of the acts used to be signed through the plaintiff, the phrase “didn’t depart the rental” used to be written within the “signature” column in entrance of the plaintiff’s title.

The citizen implemented to the court docket and requested for a answer to invalidate the acts drawn up through the establishment’s workers and to cancel the debt calculated throughout the former years in keeping with the ones acts.

The declare is in keeping with the truth that the defendant’s workers minimize the facility line supplying his space with electrical energy and drew up the act with out his participation. In that act, it’s said that the citizen allegedly got rid of the meter from the scheme through opening the meter quilt seal.

The plaintiff disagreed with the act drawn up through the defendant and famous that he didn’t intervene with the meter positioned in the street.

The defendant establishment objected to the lawsuit and mentioned that despite the fact that the plaintiff used to be conscious about the debt throughout the discussed years, he implemented to the court docket relating to that debt most effective in 2023. The plaintiff’s declare used to be submitted to the court docket after passing the criminal time period. Mentioning that the declare length for contractual claims is 3 years, he requested for a answer to reject the declare through making use of the declare length.

The Civil Board of the Ideally suited Court docket of the Republic of Azerbaijan, taking into consideration the cassation enchantment, famous that it isn’t permissible to use the declare length when taking into consideration claims of a determinative nature. The declare length can’t be implemented to the declare to ascertain the absence of debt (debt cancellation), which isn’t associated with the correct of call for.

Thus, in step with Article 372.1 of the Civil Code, the correct to request someone else to accomplish or chorus from appearing any motion is matter to a point in time. Consistent with Article 385.1 of that Code, an individual (debtor) will have to carry out a undeniable motion for the good thing about someone else (creditor), as an example, pay cash, give belongings, do trade, supply services and products or chorus from a undeniable motion, and the creditor calls for the debtor to accomplish his accountability. has the correct.

Claims in regards to the absence of debt (removing of debt) associated with communal services and products aren’t associated with the correct to require someone else to accomplish or chorus from appearing any motion equipped for in Article 372.1 of the Civil Code. the appliance of the declare length leads to violation of the necessities of the discussed substantive criminal norm.

The civil collegium of the Ideally suited Court docket upheld the cassation enchantment, and the case used to be returned to a brand new appellate evaluation.