1. The subject of the dispute is the claim of the heirs for the recovery from the bank of unjustly acquired funds that were paid by their testator in performance of a void clause of the loan agreement regarding the payment of remuneration for the provision of a financial instrument.
2. The court of cassation overturned the decisions of the courts of previous instances, which satisfied the heirs’ claim, indicating that the courts incorrectly applied the norms of substantive law regarding the calculation of the statute of limitations. The court noted that, according to the third part of Article 261 of the Civil Code of Ukraine, the statute of limitations for claims regarding the application of the consequences of a void transaction begins on the day when its performance began, and this norm is special in relation to the general rule regarding the beginning of the statute of limitations from the moment when the person learned or could have learned about the violation of their right. The court emphasized that the heirs are the legal successors of the debtor, and the replacement of a party in the obligation does not change the procedure for calculating and the running of the statute of limitations. Since the performance of the void clause of the agreement began in 2007, and the claim was filed in 2022, the statute of limitations has expired, and the claim should be dismissed. The court also departed from the previous conclusion of the Supreme Court in case No. 464/1961/20, where it was concluded that the statute of limitations should be calculated from the date of receiving a response from the bank regarding the legality of the disputed charges.
3. The court rendered a new decision to dismiss the heirs’ claims against the bank for the recovery of unjustly acquired property due to the expiration of the statute of limitations.
