Between SPK Oktyabrsky and LLC RDN Plus
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Product Description
Between SEC “Oktyabrsky” and LLC “RDN Plus” an agreement was concluded under which the SEC pledged to provide six thousand tons of wheat of the third class, and the LLC had to pay 14,400 thousand rubles. LLC made payment, but SEC did not fulfill its obligations.
The LLC transferred under the assignment agreement its right of demand to another person who filed a lawsuit with the court to terminate the agreement. The SEC did not recognize the lawsuit, considering that the plaintiff, being a party to the assignment agreement, was not related to the agricultural product purchase and sale agreement and could not raise the issue of termination of this agreement, because, according to paragraph 2 of Art. 450 of the Civil Code of the Russian Federation, a request for termination of an agreement may be declared only by a party to the agreement.
What decision should a court make?
The LLC transferred under the assignment agreement its right of demand to another person who filed a lawsuit with the court to terminate the agreement. The SEC did not recognize the lawsuit, considering that the plaintiff, being a party to the assignment agreement, was not related to the agricultural product purchase and sale agreement and could not raise the issue of termination of this agreement, because, according to paragraph 2 of Art. 450 of the Civil Code of the Russian Federation, a request for termination of an agreement may be declared only by a party to the agreement.
What decision should a court make?
Additional Information
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