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11 July, 2009

Contract of the Court of Arbitration stays in force in case, when creditor in unilateral way deviates from the contract, in relation with which the contract of the Court of Arbitration has been signed

Deviation of one party from the contract doesn’t release the other party, that hasn’t fulfilled the terms of the contract, from the fulfilment of obligations upon the contract and doesn’t interrupt legal relationship of parties, in relation with which the contract of the Court of Arbitration has been signed, think judges of the Supreme Court. Such decision was made in a general meeting off judges of the Department of Civil Cases of the Senate and Chamber of Civil Cases on July 2. It is possible to get acquainted with this ruling in the home page of the Supreme Court www.at.gov.lv in chapter „Court information”. During last period of time the question about power of the contract of Court of Arbitration became more topical, because in contracts of credit of banks and other institutions that offer financial services, with borrowers it has been often included term on rights of the creditor to deviate from the contract in unilateral way, it is, to break the contract in cases, when borrowers break their obligations on the return of the loan in terms, established by parties. While reviewing applications from creditors about issue of writing of execution for execution of verdicts of Courts of Arbitration, in which claims about levy of all amount of the debt have been discharged, in cases, when creditor deviates from the contract in unilateral way, there are situations that judges decline issue of the writing of execution, on the basis of conclusion, that at the same time with unilateral deviation of creditor from the contract of credit, operation of contract of Court of Arbitration also comes to an end.
6 July, 2009

Anita Nusberga has been elected for the post of the senator of the Supreme Court

By the decision of the general meeting ofsenators of the Department of Criminal Cases of the Senate of the Supreme Court, dated by July 3, the judge of the Chamber of Criminal Cases of the Supreme Court Anita Nusberga has been elected for the post of the senator of the department. Anita Nusberga has worked as a judge since year 1980. Till year 1990 she had worked as a judge of the Court of present Kurzemes district of Riga city, since 1990 – as a judge in the Chamber of Criminal Cases of the Supreme Court. In year 1998 the 1/st qualification grade was attributed to the judge. The post of the senator in the Department of Criminal Cases was open, as on June 30, the senator Valda Eilande retire.