RusBankrot
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16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
A 10-FOLD UNDERESTIMATION OF THE COST SHOULD CONFUSE THE BUYER
The manager appealed to the court with an application to challenge the vehicle purchase and sale agreement concluded between the debtor and the defendant (case no. A15-6748/21).
In refusing to satisfy the claims, the courts of two instances noted that at the time of the disputed transaction, the debtor met the criteria of insufficient property, but the manager did not prove the existence of other conditions necessary to establish the purpose of harming the property rights of creditors by the disputed transaction.
The cassation sent the dispute for a new consideration, pointing out that the alienation of the vehicle could be aimed at harming the tax authority as the debtor's creditor in the situation of selling the vehicle at a repeatedly underestimated cost.
However, the courts did not assess the arguments of the manager about the damage caused by the disputed transaction to the property rights of creditors and the awareness of the other party to the transaction about the specified illegal purpose, the relevant circumstances were not established.
The issue of the price of the car alienated by the debtor and its payment by the courts has not been clarified, and an appropriate legal assessment has not been given to it.
Since the issue of the market value of the vehicle alienated by the debtor was actually decisive for the proper consideration of this separate dispute, it was necessary to invite the persons involved in the case to consider the possibility of appointing a forensic examination in the case or to provide other evidence to substantiate their arguments.
In refusing to satisfy the claims, the courts of two instances noted that at the time of the disputed transaction, the debtor met the criteria of insufficient property, but the manager did not prove the existence of other conditions necessary to establish the purpose of harming the property rights of creditors by the disputed transaction.
The cassation sent the dispute for a new consideration, pointing out that the alienation of the vehicle could be aimed at harming the tax authority as the debtor's creditor in the situation of selling the vehicle at a repeatedly underestimated cost.
However, the courts did not assess the arguments of the manager about the damage caused by the disputed transaction to the property rights of creditors and the awareness of the other party to the transaction about the specified illegal purpose, the relevant circumstances were not established.
The issue of the price of the car alienated by the debtor and its payment by the courts has not been clarified, and an appropriate legal assessment has not been given to it.
Since the issue of the market value of the vehicle alienated by the debtor was actually decisive for the proper consideration of this separate dispute, it was necessary to invite the persons involved in the case to consider the possibility of appointing a forensic examination in the case or to provide other evidence to substantiate their arguments.
06.09.2024
