Joint Stock Company Borsky Glass Works appealed to the Arbitration Court of the city of Moscow with a claim to the production company Alfa LTD for the recovery of 220,000 rubles, which constitute the cost of four unreturned containers out of glass products according to the certificate 3.
From the case file it is clear that the Arbitration Court considered the case of paying a fine for late return of the cost of containers. The court also considers that Article 401 of the Civil Code of the Russian Federation is applicable to the legal relations of the parties. The deadline for returning containers under certificate 3 was March 9, 1993, before the introduction of the Civil Code of the Russian Federation. The court also considers that in the absence of a contract, the claimant is entitled to demand only the return of the containers in kind.
According to Article 133 of the Fundamentals of Civil Legislation of the USSR and the Republics, if it is impossible to return in kind the unjustifiably received property to the injured person, its value must be reimbursed. Other documents in the case file is not available.
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