RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
CAN AN UNINHABITED BUILDING BECOME THE ONLY DWELLING?
The debtor's manager appealed to the court with a demand to oblige the defendant to transfer the non-residential building and land plot to the debtor's bankruptcy estate (case no. A41-7411/18).
The courts of two instances, rejecting the stated claim, concluded that it was necessary to extend executive immunity to the disputed property, which was motivated by the fact that the disputed non-residential premises had the status of the only one suitable for permanent residence of the debtor and his family members, including minor children.
The cassation sent the dispute for reconsideration, drawing attention to the fact that the reasoning parts of the rulings of the court of first instance and the court of appeal do not contain a justification for the court's decision in the framework of a separate dispute on the defendant's obligation to transfer the property acquired in a joint marriage to the manager, granting this property, which was not the subject of judicial research, the status of the only one suitable for permanent the residence of the debtor and his family members in the residential premises. The reasons for rejecting certain evidence, accepting or rejecting the arguments given in support of this claim are not indicated.
The judicial acts were adopted based on the results of their consideration by none of the persons involved in the case of an unspecified claim, as well as with their establishment of factual circumstances relevant to the case, without any examination of the evidence available in the case.
Photo: Freepik
The courts of two instances, rejecting the stated claim, concluded that it was necessary to extend executive immunity to the disputed property, which was motivated by the fact that the disputed non-residential premises had the status of the only one suitable for permanent residence of the debtor and his family members, including minor children.
The cassation sent the dispute for reconsideration, drawing attention to the fact that the reasoning parts of the rulings of the court of first instance and the court of appeal do not contain a justification for the court's decision in the framework of a separate dispute on the defendant's obligation to transfer the property acquired in a joint marriage to the manager, granting this property, which was not the subject of judicial research, the status of the only one suitable for permanent the residence of the debtor and his family members in the residential premises. The reasons for rejecting certain evidence, accepting or rejecting the arguments given in support of this claim are not indicated.
The judicial acts were adopted based on the results of their consideration by none of the persons involved in the case of an unspecified claim, as well as with their establishment of factual circumstances relevant to the case, without any examination of the evidence available in the case.
Photo: Freepik
02.07.2025
