Commercial disputes
Commercial disputes are disputes between business entities, such as individual entrepreneurs, legal entities, organizations and enterprises. These disputes are considered in commercial courts and represent a separate category of litigation. However, it is also possible to settle the conflict out of court.
Such disputes may arise over various issues, such as failure to fulfill the terms of a contract, bankruptcy proceedings, non-payment of debts, etc. An economic dispute is the most reliable means for the parties to a contract to protect their rights and compensate for losses.
An important feature of commercial disputes is their specialization, which allows them to be considered in the context of commercial relations and in accordance with special legislation. This contributes to the efficient and expert resolution of conflicts in the field of business and management.
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DEBT COLLECTION UNDER COMMERCIAL CONTRACTS
Господарський договір – це юридичний документ, який зафіксовує майново-організаційні зобов'язання сторін на підставі угоди. These obligations are aimed at servicing and supporting the parties' business activities, taking into account the general economic interests. Commercial contracts may include a variety of agreements, such as supply, sales, services, lease, joint venture, and others, depending on the specific type of business and the needs of the parties. These contracts create a legal framework for interaction between business entities, providing them with legal certainty and mutual obligations.
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COMPENSATION FOR DAMAGES AND RECOVERY OF PENALTIES
Compensation for damages and recovery of penalties are the most common means of protecting property rights and interests protected by law. These measures are implemented in accordance with an agreement or law. Penalty rules established by law or contract, together with provisions on compensation for damages, prevent violations of property rights and encourage the fulfillment of obligations. These two remedies are used to compensate for damages and to encourage compliance with contractual terms and conditions or fulfillment of legal requirements. Compensation for damages helps to restore the financial condition of the injured party, while a penalty is a special amount determined in advance that the perpetrator must pay for breach of an agreement or legal norms. Both of these forms of protection play an important role in ensuring the observance of legal rights and restoring order in commercial and civil relations.
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INVALIDATION OF BUSINESS TRANSACTIONS
One of the grounds for invalidation of transactions may be the provisions set forth in other Ukrainian laws, such as the Civil Code, the Land Lease Law, the Law on Foreign Economic Activity, and the Bankruptcy Code. These legislative acts provide courts and parties with the opportunity to challenge transactions on the basis of certain violations or circumstances, such as invalidity due to violation of the law, lack of will, fraud, entering into a transaction under the influence of violence and other defects. This makes it possible to protect the rights and interests of the parties in the field of business and civil relations.
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OTHER DISPUTES UNDER THE JURISDICTION OF COMMERCIAL COURTS OF UKRAINE
The Code of Commercial Procedure (CCP) does not define the concept of "jurisdiction". The general concept of the institution of jurisdiction determines the ability of individuals and legal entities to apply to various jurisdictional bodies of the country to protect their rights. Sometimes this concept can be interpreted as "competence of commercial courts", which defines the authority to resolve disputes and conduct cases related to business activities.
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PREPARATION OF A STATEMENT OF CLAIM, RESPONSE TO A COMMERCIAL DISPUTE
If you cannot reach an agreement with your counterparty and resolve the situation out of court, the last alternative is to file a lawsuit in court. It is advisable to defend your rights on your own only if you are absolutely sure that your situation is simple and typical. In other cases, it is recommended to contact lawyers and specialists in the field of business law to avoid worsening the situation. When initiating a lawsuit, it is necessary to file a statement of claim, a procedural document that includes the claims and demands of the plaintiff against the defendant. The statement of claim must comply with the formalities established by law, contain evidence of the violation of the plaintiff's rights and be filed with the competent judicial authority.
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PREPARATION OF A COUNTERCLAIM IN A COMMERCIAL DISPUTE
In the event of a commercial dispute, the possibility to apply to court is realized by filing both a statement of claim and a counterclaim. When considering cases, the courts pay attention to the compliance of the written application with the legislative norms, jurisdiction and correctness of the legal position.
To successfully resolve the conflict, it is necessary to take into account numerous nuances and have a good understanding of the procedural law. If you have received a copy of the claim and you are a defendant in a commercial proceeding, it is first of all important to understand what exactly your company has violated contractual or non-contractual obligations. It is also necessary to determine whether these violations are related to the actions or inactions of the plaintiff in the original claim. -
PREPARATION OF A CASSATION APPEAL IN A COMMERCIAL CASE
The need for a cassation appeal arises when one of the parties to a commercial dispute disagrees with the decision of the court of first instance, which was reviewed on appeal or the decision of the court of appeal. The reversal of a preliminary decision (ruling) in commercial cases, as well as in civil, administrative and criminal cases, is possible only if violations of the rules of administration of justice are found.
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RESOLVING DISPUTES ARISING FROM CONTRACTUAL RELATIONS
When entering into contracts, individuals and representatives of companies define their goal of settling relations in such a way as to ensure compensation in case of non-fulfillment or improper fulfillment of the contract terms by the counterparty and avoid conflicts. The written form allows to record the will of the parties to the transaction and serves as a basis for compensation to the party to the contractual relationship whose rights have been violated.
But in practice, the conclusion of a contract does not always guarantee the proper and timely fulfillment of obligations by each party. Disputes resolved in pre-trial and judicial proceedings have become commonplace in the modern environment. Negotiations and out-of-court dispute resolution are the most desirable way to resolve a conflict. -
RECOGNITION OF OWNERSHIP OF PROPERTY IN COURT
Pursuant to Article 41 of the Basic Law of Ukraine, every person has the right to own, use and dispose of his or her property at his or her own discretion, which belongs to him or her on the basis of the right of ownership. No person may be deprived of the right to property by unlawful means.
Despite the right to own property enshrined in the Constitution, disputes related to the recognition of property rights have become quite common in modern society. Several individuals or legal entities may simultaneously claim ownership of the same movable or immovable property. Disputes arise both between relatives and between persons not related by blood or family ties. In addition, property-related litigation may arise in connection with the bankruptcy of legal entities. -
RESOLVING DISPUTES OVER COMPENSATION FOR DAMAGES
Disputes over damages constitute a large category of disputes that may include not only property losses, but also damage to the health and morale of the injured party. Negative consequences may arise from both illegal and legal actions, and claims for compensation for losses and damage may arise from contractual and non-contractual relations.
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COPYRIGHT PROTECTION
Today, the issue of copyright protection in Ukraine is extremely relevant. There are many talented individuals in our country who create literary, musical and innovative works, including software. Despite the existing legislation governing the protection of copyrights and intellectual property, they are still at risk of having their works used and distributed without permission or plagiarized. The current regulatory framework allows for effective counteraction to copyright infringement. However, not everyone has enough time, knowledge and skills to competently and effectively protect their interests. Therefore, it is recommended to contact professionals to resolve legal issues, especially in complex and complicated situations.
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REMOVAL OF ARRESTS FROM ACCOUNTS AND PROPERTY
Human rights defenders from Legal Decisions will provide qualified assistance in cases related to the seizure of property or bank accounts. Ukrainian legislation emphasizes the inadmissibility of abusing the right to seize bank accounts and property assets. However, in practice, such cases do occur, and they may affect the activities of individuals and legal entities. Blocking of accounts and seizure of property can lead to temporary suspension of the company's operations and other negative consequences. To solve this problem and lift an arrest that was imposed illegally, it is important to contact an experienced lawyer. Professionals from Legal Decisions will help you to eliminate the ban on the disposal of property and money imposed illegally, as well as resolve issues related to the settlement of debts to creditors.
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RESOLVING DISPUTES ABOUT CHANGING THE TERMS OF THE CONTRACT OR TERMINATING THE CONTRACT
Indeed, the conclusion of an agreement is an effective and reliable way to regulate legal relations between the parties, and its written form can serve as an additional means of ensuring interaction and fulfillment of obligations. However, despite the detailed specification of the terms and conditions, certain situations or circumstances that arise during the term of the agreement may cause disputes between the parties. It is important to note that Ukrainian law provides for the possibility of changing the terms of the contract or terminating it in the event of circumstances that complicate the fulfillment of obligations. However, even if such amendment or termination is provided for by law, various difficulties may arise, in particular if the parties do not agree on the amendments.
In such cases, it is important to be aware of the possibility of disputes and, if necessary, to seek professional advice, such as lawyers or attorneys, to effectively resolve legal issues and avoid further conflicts.
However, in order for the court to decide the case in your favor, it is best to seek the assistance of a qualified lawyer. After all, to prove your case, you need to take into account many legal nuances. Legal Decisions offers its clients a service of support in commercial disputes. Whichever party to the dispute you are – a plaintiff, a defendant, a third party – we are ready to protect your interests exclusively.
Our team works based solely on the law. When handling disputes involving business entities, we are primarily guided by the provisions of the Commercial Procedure Code.
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