The article of A. Moskalenko and I. Ponomarenko "Term" confusion in court” was published by «Legal practice»
08.11.2011
One of the oldest and most popular professional – newspaper "Legal practice" ( № 45/724 of 11.08.2011) published the article of - Anastasia Moskalenko, partner, and Irina Ponomarenko, lawyer, "Term "confusion in court". This article analyzes the reasons and conditions – for implementation of limitation period, term of performance and termination of liabilities and period of – penalty calculation as well as practical examples of conflicting court decisions. In particular, the authors consider – the usage of term "until complete performance" being defined term of liabilities’ execution as ill-conceived since such term doesn’t refer to the calendar date or event that has to occur inevitably. Thus, unfair debtors can never execute the contract. The authors point out that the correct calculation of terms may be crucial for solving the case. And if, as people say, stingy pays twice, the one who counts well sometimes doesn’t pay in litigation at all.
