Task 3 "Alfa" concluded barter agreement with ZAO "Tra

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Uploaded: 09.02.2012
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Task 3.
"Alfa" concluded barter agreement with ZAO "TransServis" by which Open Joint Stock Company pledged to ship the parts to the counterparty and ZAO - transfer of specified products conform to the number of cars.
After the performance of their obligations under the transfer of parts made in the part of the contract change, according to which the Company instead of passing cars was to transfer the cost of spare parts in an appropriate amount of money.
Due to non-payment of the cost of spare parts in ZAO the original terms of the arbitration filed in court to protect violated rights - with a lawsuit against the company for the recovery of the cost of the products delivered and the payment of interest on borrowed funds.
The Court's claim refused, citing the fact that the amendment of the Agreement itself does not entail a change in the nature of the contract. Since the parties to a contract of barter, the claimant shall have the right to require the defendant in accordance with Article 405 of the Civil Code only the damages caused to him by default.
As part of the protection of their rights the plaintiff filed a petition for review of the case on the merits.
Question.
What decision should accept the appeal court? Explain your answer.

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