ABUSE OF THE RIGHT TO ALIENATE REAL ESTATE IN FAVOR OF CLOSE RELATIVES

The manager applied to the court for invalidation of two contracts of donation of real estate (case no. A41-55082/21).

In rejecting the application, the courts proceeded from the fact that the transactions had been made outside the period of suspicion, while the applicant had not proven the circumstances of the disputed transactions going beyond the defects of the suspicious transactions.

The cassation sent the dispute for reconsideration, noting that from the point of view of the principle of good faith, in a situation of significant debt obligations, indicating that a debtor citizen has insufficient property, his desire to give a relative cannot take precedence over the need to satisfy creditors' interests at the expense of the debtor's property.

The commission of gratuitous transactions by relatives in order to remove property from debt collection to third parties falls under the signs of violation of the limits of the exercise of civil rights and entails appropriate consequences.

The applicant, with references to the circumstances established by the verdict of the district court in another case, argued that the debtor was criminally liable for fraud aimed at stealing the bank's property.