RusBankrot
We know everything about bankruptcy
03/03/2026
Tuesday
THIS DAY IN HISTORY:
3 March 
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
3 March
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
DONATION OF INFRASTRUCTURAL LANDS OR WHEN GRATUITOUSNESS BECOMES HARMFUL TO CREDITORS
The manager appealed to the court to invalidate the donation agreement between the company and the non-profit partnership (case no. A41-87036/19).
The courts of two instances granted the application, proceeding from the fact that the company is the founder of a non-profit partnership, that is, the debtor and the defendant are affiliated persons. The initial refusal to satisfy the application by the courts was motivated by the lack of evidence that the debtor met the criteria of insufficient property and insolvency at the time of the conclusion of the contested transaction. The authorities also noted the lack of evidence that the debtor, when concluding the contested transaction, pursued the goal of harming the property rights of creditors, since he transferred to the non-profit partnership only the property necessary for the normal functioning of the village infrastructure (public roads, intra-village networks), and is not used in business activities.
The cassation court amended the judicial acts in part, and also partially canceled them. The circumstances established by the courts regarding the functional purpose of these land plots (recreation areas and general gatherings of villagers, in fact playgrounds), as well as the circumstances of the unsuitability of these land plots for individual housing construction exclude the purpose of causing harm in this part of the contested contract, and as a result, do not form the totality of the invalidity of the transfer transaction to a non–profit partnership. land plots in that part of them that has subsequently been transformed into new land plots.
Since the case does not require the establishment of factual circumstances, the issue concerns solely the correctness of the application of substantive law, the court of cassation comes to the conclusion that it is possible to adopt a new judicial act invalidating the donation agreement regarding the transfer of land plots to the latter in the part that is subsequently attached to the land plots of third parties, refusing to satisfy the application. regarding the invalidation of the donation agreement regarding the transfer of land plots to the latter in that part of them, which was subsequently converted into new land plots, as well as in terms of the application of the consequences of the invalidity of the transaction in the form of a subsequent return to the bankruptcy estate of new land plots.
Photo: Freepik
The courts of two instances granted the application, proceeding from the fact that the company is the founder of a non-profit partnership, that is, the debtor and the defendant are affiliated persons. The initial refusal to satisfy the application by the courts was motivated by the lack of evidence that the debtor met the criteria of insufficient property and insolvency at the time of the conclusion of the contested transaction. The authorities also noted the lack of evidence that the debtor, when concluding the contested transaction, pursued the goal of harming the property rights of creditors, since he transferred to the non-profit partnership only the property necessary for the normal functioning of the village infrastructure (public roads, intra-village networks), and is not used in business activities.
The cassation court amended the judicial acts in part, and also partially canceled them. The circumstances established by the courts regarding the functional purpose of these land plots (recreation areas and general gatherings of villagers, in fact playgrounds), as well as the circumstances of the unsuitability of these land plots for individual housing construction exclude the purpose of causing harm in this part of the contested contract, and as a result, do not form the totality of the invalidity of the transfer transaction to a non–profit partnership. land plots in that part of them that has subsequently been transformed into new land plots.
Since the case does not require the establishment of factual circumstances, the issue concerns solely the correctness of the application of substantive law, the court of cassation comes to the conclusion that it is possible to adopt a new judicial act invalidating the donation agreement regarding the transfer of land plots to the latter in the part that is subsequently attached to the land plots of third parties, refusing to satisfy the application. regarding the invalidation of the donation agreement regarding the transfer of land plots to the latter in that part of them, which was subsequently converted into new land plots, as well as in terms of the application of the consequences of the invalidity of the transaction in the form of a subsequent return to the bankruptcy estate of new land plots.
Photo: Freepik
05.02.2026
