At the North-Kazakhstan regional court they discussed the matters of debt collection under bank loan agreements

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There was a round table in the North-Kazakhstan regional court on: "The practice of consideration cases related to the collection of debts under bank loan agreements within the framework of conciliation procedures."

Judges, representatives of the prosecutor's offices, advocates, branches of second-tier banks, the Assembly of the People of Kazakhstan, the Chamber of Entrepreneurs, and lawyers of public services took part in the discussion of relevant issues.

Opening the meeting, the judge of the regional court - coordinator for conciliation procedures S.Tlegenov informed the participants of the round table on the launch of the pilot project by the Supreme Court on the implementation of mediation for certain categories of disputes in civil proceedings. S.Tlegenov spoke about the goals, objectives and principles of the pilot project, listing the categories of cases for which mandatory preliminary mediation is provided, explained the procedure for conducting it.

Participants of the "round table" discussed the judicial practice of consideration of cases related to the collection of arrears under bank loan agreements, as well as the assignment of the right of claim (cession). The judges noted that when considering cases involving assignment of the right of claim and recovery of debts under bank loan agreements, it is necessary to pay attention to the proper execution of the cession agreement, to carefully study the terms of both the main and the subsequent obligations, including the assignment of the right, in order to prevent violations of the rights of participants of obligations, the reasons that led to breach of obligations by the debtor, the presence or absence of grounds for liability for breach of obligation.

At the end of the meeting, the participants of the round table developed joint recommendations on the development of reconciliatory procedures in the implementation of a pilot project on disputes related to the collection of arrears under bank loan agreements.

 

Source: 
Press office of the North-Kazakhstan regional court