Projects

Collecting the funds saved by an electricity transmitting organization, due to the use of the electric network with no legal bases in favour of the owner of electric network

Law firm Globus provided the protection of interests of the owner of electric networks in the dispute with the electricity transmitting organization, which used them to transmit electric power to its consumers and refused to pay for the network use.
    During the case consideration it was proved that according to the provisions of the Civil Code of Ukraine use of alien property is acceptable only on the legal or contractual basis. Groundless use of alien property leads to savings at the expense of the owner of this property of the funds, equal to the amount, which is normally payable to it for the use of the property. In this case there emerges obligation of the person that groundlessly saved or acquired property to return the groundlessly purchased or saved property to the damaged party.
    Furthermore, if a person received or could receive income from the groundless use of the property, it shall indemnify to its owner for that property. Therewith, it should indemnify for the income that was received or that could be potentially received from this property since this person learnt or could learn of the ownership of this property with no sufficient legal basis.
    The electricity transmitting organization had to pay not only the funds, saved from the use of electric network of the client of law firm Globus, but also the whole amount of income from transmitting electricity, received owing to the use of its property.
    Besides in this case law firm Globus provided the actual receipt of the funds under the court decision.
    Court decisions under the case became the basis for mutually beneficial and long-lasting cooperation of our company client and electric transmitting organization.