The Office’s Case is Now Winner of the Lawyer of the Year Rating According to the Delovoy Peterburg Newspaper
The Delovoy Peterburg newspaper summed up the results of the Lawyer of the Year annual rating on February 1st. The case presented by Osip Rumyantsev, Managing Partner of Rumyantsev Legal Law Office, was voted the best by the professional community in 2018.
Rumyantsev Legal Law Office lawyers created a legal precedent: the winning case was included in the Practice Cases Review of the Supreme Court of the Russian Federation No. 3. It concerns construing the contract terms and the mandatory use of such a rare model as payment by a third party to the service provider for the performance of the contract. This is a part of the lawsuit whereby Office’s lawyers have been providing legal support to the client over two years in returning receivable accounts from the St. Petersburg developer Legenda Development (a legal entity when the OOO Sistema contract was concluded).
The case is notable due to the fact that the Supreme Court has reversed all the previous courts’ orders on the case, ordered a retrial, and drew the lower courts’ attention that when some agreement indicates the debt assignment from one company to another, it may include only rights and liabilities concerning the payment with no account of any customer’s rights and liabilities concerning acceptance of counter-execution on the part of the service provider.
The Supreme Court confirmed the developer’s compliance with the obligations under the signed agreements. The contract between the contractor and the customer to crown up the general contractor agreement is optional. A trilateral agreement is sufficient to protect bona fide performers.
Osip Rumyantsev points out that this issue is also important for business practices in carrying out large-scale projects when the customer under the contract is an entity with specialty experience and skills, and the payer and recipient of the service is the entity with money to purchase the service and its end user.
More information about the rating can be found on the website of the Delovoy Peterburg newspaper