26.02.09

A private entrepreneur filed a case with arbitration court against the Federal State Unitary Enterprise (FSUE) for reimbursement of funds transferred because of an error in the payment order.

The court of original jurisdiction ruled in favor of the plaintiff, referring to Article 1102 of the Civil Code of the RF, on the basis that the defendant and a third party (the bank) did not disprove the plaintiff’s claims.

A court of appeal affirmed decision of the court below on the same grounds.

But then the bank filed a cassation appeal which argued that the payment order was filled out correctly and gives evidence of the “voluntarily and purposeful transfer of monetary funds.”

A court of cassation researched the case materials and the third party’s arguments and did not find basis for overturning the decision.

The Federal Arbitration Court of the Volga District noted that the appellant’s argument of voluntary cannot be taken into consideration by the court because, according to Article 1102 paragraph 2 of the Civil Code, responsibility for return/reimbursement of “unfounded property gains” arises regardless of the fact if this gain occurred as result of actions of the acquirer, original owner, third parties, or involuntarily. This is according to Resolution of the Federal Arbitration Court of Volga-Vyatka region # А28-3123/2008-116/19 from November 20, 2008.

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Source: «эж-ЮРИСТ»