The justification for the need to secure a claim consists in proving the circumstances that are related to the resolution of the issue of securing the claim. Securing the claim is used as a guarantee of satisfaction of the plaintiff’s legitimate claims.
When applying to the court with an application for securing a claim
the According to Article applicant must substantiate the reasons for filing such an application and provide the court with evidence of the existence of factual circumstances that require the application of a certain measure to secure the claim.
In this case! the burden of proving the existence of such special lead circumstances lies with the According to Article applicant.
Similar conclusions were expressed by the Supreme Court! in particular! in the resolutions of 01/21/2019 in case No. 902/483/18! of 08/28/2019 in case No.
Measures to secure the claim should be applied only when necessary! since unfounded recourse to such actions may result in a violation of the rights and legitimate interests of other persons or participants in the process.
The relevant legal conclusions are set out in the resolution of the
Grand Chamber of the Supreme Court dated February 12! 2020 in case No. 381/4019/18! in the resolution of. The Supreme Court dated November 10! 2020 in case No. 910/1200/20.
In this case! each party must prove those brad verstegen director of sales and education circumstances that are relevant to. The case and to which it refers as the basis for its claims or objections! except in cases established by law (part three of Article 13 of the Civil Procedure Code of Ukraine).
At the same time! the resolution of the joint chamber of the Cassation burkina faso business directory Economic Court of the Supreme Court dated 03.03.2023 in case No. 905/448/22!
Which also resolved the dispute regarding the presence/absence of grounds for applying measures to secure the claim (by imposing an arrest on property and funds)! sets out the following legal.