GROUNDLESS REGISTRATION OF PROPERTY RIGHTS MAY INDICATE DISHONESTY

The arbitration manager in court demanded to invalidate the debtor's transactions with the application of the consequences of invalidity to them. Two instances refused to satisfy the application, but the district court disagreed with the lower courts, seeing abuse of law in the defendant's behavior.

The courts of the first and appellate instances refused to satisfy the claims of the manager, pointing out the lack of evidence of the defendant's guilt in committing illegal actions to produce an acceptance certificate, the fact of signing which the bankruptcy trustee denies, which in itself does not refute or confirm the authenticity of the act.

The cassation annulled the judicial acts of lower instances, satisfying the requirements of the manager. The court noted that in this case, the bankruptcy trustee, having information about the liquidation of the company that is a party to the contract without transferring rights and obligations, having taken timely measures to appeal the court decision and after the cancellation of the judicial act, reasonably expected good faith behavior from the defendant. Meanwhile, the defendant, knowing that he does not have the rights of claim in respect of parking spaces under the contract of participation in shared construction, nevertheless applies to the Office of the Federal Register for registration of ownership of the specified premises.

A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation