Subject of Dispute: Replacement of the Claimant in an Enforcement Order Issued in 2012 with a Legal Successor under a Factoring Agreement Concluded in 2023.
Main Arguments of the Court: The Supreme Court indicated that when replacing a party in enforcement proceedings, the court must evaluate not only the fact of assignment of claim rights but also the possibility of resuming enforcement proceedings. In this case, the enforcement order was issued in 2012, and the applicant did not prove the grounds for renewing the term of its presentation for execution, therefore, a formal replacement of the party without considering the procedural purpose is incorrect.
Court Decision: Previous court decisions were canceled, and the request of “Bright Investment” company to replace the claimant in the enforcement order was denied.
