of July 3, 2020 No. 12
About modification and amendments in some Resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan and the Plenum of the Supreme Economic Court of the Republic of Uzbekistan
Due to the changes and additions made to the legislation, and also the questions which arose in court practice based on article 17 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan DECIDES:
Make changes and additions to the following resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan and the Plenum of the Supreme Economic Court of the Republic of Uzbekistan:
1. And yes the Supreme Economic Court of the Republic of Uzbekistan of December 22, 2006 No. 13/150 "About some questions of application of the regulations of the civil legislation on ensuring obligation fulfillment following from credit agreements" to add the resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan with Item 30.1. following content:
"30.1. By consideration of the claim of the creditor to the guarantor - the State fund of support of entrepreneurship (further - Fund) courts shall be guided by regulations of the Provision "About the State Fund of Support of Business Activity" approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 16, 2020 No. 28.
At the same time, courts shall consider that if the guarantee agreement is signed with Fund as ensuring obligation fulfillment for the credit agreement, then to submission of demand to Fund the creditor shall take measures to collection of credit debt for other ensuring obligation fulfillment and only in case of insufficiency of property at the debtor (other guarantor) for obligation fulfillment, and also in case of impossibility of the address of debt collection on subject to pledge, the creditor has the right to impose requirement to Fund if other is not provided by the guarantee agreement.
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