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Supreme Court: the landlord has the right to early terminate the contract with the bankrupt tenant

Supreme Court: the landlord has the right to early terminate the contract with the bankrupt tenant

As the Court explained, the Bankruptcy Law does not contain a provision that the opening of bankruptcy proceedings against the debtor-lessee automatically deprives the lessor of the right to early termination of the contract.

Lawyer, partner of the law firm Tenzor Consulting Group Anton Makeichuk called the conclusions of the Supreme Court rather controversial. “In the case under consideration, when determining the balance of interests, the Supreme Court did not take into account the complication in the subject composition on the side of the lessor, in which the owner of the leased property is, among other things, a shareholder of the debtor (an interested person),” the lawyer emphasized.

Read the details of the case in the material of the Advokatskaya gazeta.

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