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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.
COURTS NEED TO RELY ON EVERYDAY EXPERIENCE
The manager appealed to the court with an application to challenge the transfer of funds from the debtor to his ex-wife (case No. A67-9258/19).
Partially satisfying the application, the courts of two instances proceeded from the absence of adequate evidence in the case materials confirming the existence of counter-enforcement in favor of the debtor by the defendant when making payments.
The cassation sent the dispute for reconsideration and noted the following:
• When drawing conclusions about the circumstances of a dispute, the courts, based on their everyday and professional experience, as well as subjective confidence in the reliability of the facts, should reconstruct the course of events that most likely and plausibly explain the presence of all the evidence presented by the parties, as well as correlate the behavior of the parties with the standard of reasonable and conscientious behavior of an ordinary participant in civil turnover.
• The debtor's children should not be provided with a luxurious lifestyle, expenses should be paid in excess of what is necessary, which are the basis for normal development. However, this statement does not mean that alimony should be paid in the amount of the subsistence minimum, which is determined in this amount, as a rule, in the absence of information about the payer's income.
• When resolving the issue of the amount of alimony agreed verbally, in order to prevent abuse, the court should determine (raise the issue) the amount of funds for the maintenance of the child, taking into account the previous level of his parents' provision, as if the family were full-fledged, determine whether such payments from the debtor exceed the cost of a standard set the needs of children.
• When resolving this dispute, the courts did not compare the amount of the debtor's assets with debt obligations, did not take into account the debtor's property status, which at first glance does not look critical, based on the composition of the equipment available to him, some of which are used mainly for leisure activities, accompanied by significant maintenance and maintenance costs. The debtor's income, from which the amount of alimony was calculated, its ratio to the habitual lifestyle of children, has not been investigated, the reasons for the debtor's insolvency have not been studied, nor has the possibility of the second parent to support children after the dissolution of marriage been verified.
Partially satisfying the application, the courts of two instances proceeded from the absence of adequate evidence in the case materials confirming the existence of counter-enforcement in favor of the debtor by the defendant when making payments.
The cassation sent the dispute for reconsideration and noted the following:
• When drawing conclusions about the circumstances of a dispute, the courts, based on their everyday and professional experience, as well as subjective confidence in the reliability of the facts, should reconstruct the course of events that most likely and plausibly explain the presence of all the evidence presented by the parties, as well as correlate the behavior of the parties with the standard of reasonable and conscientious behavior of an ordinary participant in civil turnover.
• The debtor's children should not be provided with a luxurious lifestyle, expenses should be paid in excess of what is necessary, which are the basis for normal development. However, this statement does not mean that alimony should be paid in the amount of the subsistence minimum, which is determined in this amount, as a rule, in the absence of information about the payer's income.
• When resolving the issue of the amount of alimony agreed verbally, in order to prevent abuse, the court should determine (raise the issue) the amount of funds for the maintenance of the child, taking into account the previous level of his parents' provision, as if the family were full-fledged, determine whether such payments from the debtor exceed the cost of a standard set the needs of children.
• When resolving this dispute, the courts did not compare the amount of the debtor's assets with debt obligations, did not take into account the debtor's property status, which at first glance does not look critical, based on the composition of the equipment available to him, some of which are used mainly for leisure activities, accompanied by significant maintenance and maintenance costs. The debtor's income, from which the amount of alimony was calculated, its ratio to the habitual lifestyle of children, has not been investigated, the reasons for the debtor's insolvency have not been studied, nor has the possibility of the second parent to support children after the dissolution of marriage been verified.
01.08.2024
