Lost at races

The Moscow Regional Council completely canceled the decision of the court of first instance, which obliged VTB -24, to make a foreign exchange mortgage Lyudmila Chernikova recalculation of the loan at the rate no higher than at the time of the conclusion of the contract - 24 rubles per 1 dollar. This was reported by Prav.ru. In the appeal, the bank insisted that the growth of the dollar is not a force majeure, and Chernikova did not show proper care, although the economic situation in the country has repeatedly led to sharp surges in the courses. The court accepted these arguments.

The decision in favor of Chernikova was made on February 4 by the judge of the Pushkin City Court of the Moscow Region Natalya Kurganova. At the same time, Kurganova demanded to be credited to repay the remaining part of the loan. This was the first case in Russia when the court took the side of the currency mortgage.

As noted in the motivating part of the decision, the bank, advising Chernikov, told her that the dollar rate was quite stable. By virtue of this, Kurganov regarded the growth of the course as "a significant change in the circumstances from which the plaintiff proceeded at the conclusion of the contract." At the same time, the bank was said in a decision, in violation of the law on the protection of consumer rights, he did not indicate in the contract the amount of the loan in rubles.

A significant change in the circumstances also indicated Kurganov, in accordance with Article 451 of the Civil Code, gives the basis to any foreign exchange mortgage to demand from any bank recalculation.

Currency mortgages since the end of 2014, when the collapse of the ruble began, hold protest promotions demanding state assistance to calculate on loans. Meanwhile, on January 14, 2015, the first deputy chairman of the regulator Ksenia Yudaeva said that the regulator should not provide such assistance. However, on January 23, the Central Bank recommended banks to restructure the exchange mortgage on the rate on October 1, 2014, when the dollar cost 39.4 rubles. This recommendation was nevertheless fulfilled, and, despite the statements of the first deputy prime minister Igor Shuvalov and the head of the Central Bank Elvira Nabiullina, there were no help to the borrowers.

In February - June, foreign currency mortgages organized a number of inconsistent shares. Some of them ended in detention (