“Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 of 11.06.20 On termination of obligations: commentary on individual explanations” — article by Tatyana Tereshchenko and Alexander Sergeev
Tatyana Tereshchenko, head of the analytical department of the "Prime Advice law office in collaboration with Alexander Sergeev analyze the new explanations of the Plenum of the Supreme court of the Russian Federation, set out in resolution No. 6 of 11.06.2020 'On termination of obligations' for the publication "Arbitration disputes".
The article comments on certain provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation, set out in resolution No. 6 of 11.06.2020 "On certain issues of application of the provisions of the Civil Code of the Russian Federation On termination of obligations" with emphasis on theoretically and practically important aspects of explanations.
Special attention is paid to the explanations devoted to the open list of ways to terminate obligations, compensation, novation and offset, as well as a general comment on the position of the Plenum of the Supreme Court of the Russian Federation in relation to debt forgiveness and the inability to fulfill obligations.
The article compares the position of the Plenum of the Supreme Court of the Russian Federation with the current regulation, modern doctrine, established and latest judicial practice, and offers additional explanations and practical recommendations to ensure a constructive approach to the perception of the provisions of resolution No. 6 and their integration into modern law enforcement.
Based on the results of the analysis, the authors conclude that despite all the advantages of the clarifications formulated in resolution No. 6, many of them need additional interpretation and understanding to ensure the enforceability of the relevant transactions that terminate the obligation.