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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.
GIVING TO THE FATHER: GOOD INTENTIONS AGAINST CREDITORS' RIGHTS
The manager appealed to the court with a demand to recognize the apartment donation agreement between the debtor and his father as an invalid transaction (case no. A40-90016/20).
The courts of two instances refused to satisfy the application, since at the date of the transaction the debtor had no signs of insolvency; the transaction was due to family reasons, and therefore the purpose of harming creditors was not pursued when concluding the contested contract.
The debtor has fully repaid the loan obligations after the contested transaction. At the time of the conclusion of the contested transaction, there were no court decisions on the debtor's obligations, as well as enforcement proceedings against the debtor.
The cassation sent the dispute for reconsideration, noting that the fact that creditors had not submitted their claims to the debtor for repayment of the debt at the time of the disputed transaction did not indicate that the debtor had no obligations to them.
It is assumed that the debtor, having obligations to other creditors, is initially obliged to take care of the repayment of those, and not transfer real estate to his close relative in a gratuitous transaction. The lack of evidence of insolvency or insufficient property at the time of the transaction does not block the possibility of qualifying such a transaction as suspicious.
According to the court, it is necessary to establish the economic feasibility of concluding a donation agreement, if there are obligations to creditors, taking into account the subsequent sale of the disputed property by the defendant. These arguments should be properly evaluated for proper and comprehensive consideration of the dispute. It is also necessary to evaluate the actions of the debtor, expressed in the selective repayment of debts to creditors.
Photo: Freepik
The courts of two instances refused to satisfy the application, since at the date of the transaction the debtor had no signs of insolvency; the transaction was due to family reasons, and therefore the purpose of harming creditors was not pursued when concluding the contested contract.
The debtor has fully repaid the loan obligations after the contested transaction. At the time of the conclusion of the contested transaction, there were no court decisions on the debtor's obligations, as well as enforcement proceedings against the debtor.
The cassation sent the dispute for reconsideration, noting that the fact that creditors had not submitted their claims to the debtor for repayment of the debt at the time of the disputed transaction did not indicate that the debtor had no obligations to them.
It is assumed that the debtor, having obligations to other creditors, is initially obliged to take care of the repayment of those, and not transfer real estate to his close relative in a gratuitous transaction. The lack of evidence of insolvency or insufficient property at the time of the transaction does not block the possibility of qualifying such a transaction as suspicious.
According to the court, it is necessary to establish the economic feasibility of concluding a donation agreement, if there are obligations to creditors, taking into account the subsequent sale of the disputed property by the defendant. These arguments should be properly evaluated for proper and comprehensive consideration of the dispute. It is also necessary to evaluate the actions of the debtor, expressed in the selective repayment of debts to creditors.
Photo: Freepik
15.10.2025
