A UNIVERSAL TRANSFER DOCUMENT IN THE FIGHT TO SAVE THE DEAL

The manager applied to the court for invalidation of the contract for the purchase and sale of equipment concluded between the debtor and the company (case no. A40-91362/23).

The courts of two instances satisfied the application, concluding that the transaction was completed if the debtor had outstanding obligations to creditors in the absence of a counter-provision.

The cassation sent the dispute for reconsideration, noting that the circumstances of the contract's disparity had not been established. Rejecting the defendant's objections to the payment made by offsetting, the courts referred to the insufficiency of the primary documentation. Meanwhile, the defendant has submitted a universal transfer document.

In the opinion of the instance, the conclusion of the courts on the signing by the parties of the act of mutual settlement after the introduction of the monitoring procedure is incorrect. Thus, the conclusions of the courts on the gratuitousness of the purchase contract are premature, made with an incorrectly distributed burden of proof. 

 

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