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Hayk Hovhannisyan and Gagik Grigoryan’s application accepted

Hayk Hovhannisyan and Gagik Grigoryan’s application on constitutionality of the Court of Appeal’s interpretation on part 2 of Article 102 of the Civil Code of  the RA has been accepted by the decision of the Constitutional Court of Armenia from December 16, 2015. Legal issues raised by this application before the Constitutional Court have significant meaning for third parties without independent claim in civil procedure in terms of legal opportunity to use legal defense by filing a claim regarding compensation of damages caused by the order for security of the claim, since while interpreting part 2 of Article 102 the Court of Appeal found that this norm provides possibility for compensation of damages caused by order for security of the claim  only to the defendant. This is essential for third parties without independent claim from perspective of defending their right to property as well, since third parties without independent claim can also incur damages within civil procedure, in the result of applying an order for security of the claim

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