Lawyers: the inclusion of a judicial act of the debtor promises to pray legally – RIA Novosti

MOSCOW, February 12 – RIA Novosti. The inclusion of approved legal act of the settlement agreement the parties promise of the debtor to pray for the health of the heads of the other side does not contradict the Russian legislation to this view tend two out of three respondents RIA Lawyers News.

Earlier it was reported that the Arbitration Court of Nizhny Novgorod Region approved a settlement agreement on the suit LLC “Era”, engaged in software activities boilers, to the Nizhny Novgorod diocese of the Russian Orthodox church for the recovery of about 500 thousand of debt. Under the terms of the settlement agreement, the debtor is obliged to pay part of the debt in the amount of 200 thousand rubles, and also promised “to offer prayers for the health of the servant of God Arsenyev Ivan Mikhailovich and servant of God Lepustina Sergei Alexandrovich (co-founders of LLC” Era “), their families and the welfare of all their good deeds and endeavors. ”

According to resolve disputes Noerr law firm head of department Viktor Gerbutova, this wording does not contradict the legislation, in particular the Arbitration Procedure Code (APC).

“In accordance with the APC RF settlement agreement may contain any non contrary to the law and other legal acts, the conditions, “- Gerbutov said

According to him, it is possible to interpret embodied in the settlement agreement.” promise to pray “or as a promise that has no legal (because not all agreements are legal nature and are aimed at the emergence of civil liabilities, for example, an agreement on a date), or as a kind of natural obligation is not enforceable.

as Gerbutov believes “the lack of legal coherence of such promise indicates does not violate according to the law in the first place, the unequivocal opposition of the text of the settlement agreement “promises to pray” “obligation to pay”, and secondly, the likely common will of parties to the agreement “.

With the opinion that the court act as a whole and Julia Kostikova, head of the judicial practice LWC Corp. “Formally, the actions of the court of law, because no matter how their rights are not violated,” – says Kostikova

However, she wondered how it would be carried out enforcement of the judicial act, when suddenly the Diocese does not fulfill the terms of the agreement.. “Failure to comply with the terms of the agreement involves the issuance of an executive document and an appeal to the bailiffs How bailiffs can affect the priests.?” – Ask an expert

The judicial act of illegal

At the same. while managing hypertension “Levchenko and partners,” the lawyer said Danil Levchenko judicial act illegal. “This formulation is unacceptable judicial determination is very strange to see her in the judicial act of the country in which the state is separated from the church.” – Said Levchenko

He said that according to the constitution of Russia -. A secular state. In addition, he said, it is important to understand that the non-fulfillment of the settlement agreement is enforceable.

“With great difficulty, imagine a bailiff, who came forcibly to perform the terms of the agreement in terms of promises to offer prayers, “- said the agency

With the potential problem of the impossibility of enforcement of a settlement agreement of Viktor Gerbutov disagree Noerr.. “In civil law there is the concept of natural obligation is not enforceable,” – explains the lawyer

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