SIMPLY PRESENTING EVIDENCE OF THE REALITY OF THE TRANSACTION MAY NOT BE ENOUGH

SIMPLY PRESENTING EVIDENCE OF THE REALITY OF THE TRANSACTION MAY NOT BE ENOUGH

SIMPLY PRESENTING EVIDENCE OF THE REALITY OF THE TRANSACTION MAY NOT BE ENOUGH
The manager applied to the court to challenge the debtor's payments in favor of the defendant (case no. A40-150732/23).

Refusing to satisfy the application, the courts of two instances proceeded from the fact that the disputed payments were made within the framework of real legal relations. The courts considered that a sufficient amount of evidence was presented in the case materials, including primary evidence (contracts, payment orders, reconciliation acts, register of shipments of concrete mixtures, etc.) confirming the fulfillment of existing civil obligations.

The cassation sent the dispute for reconsideration, pointing out that the position of the courts is based on a superficial approach to the investigation and assessment of circumstances and is not acceptable. The burden of refuting arguments about the flaws of the transaction lies with the persons who concluded it, since they objectively have a large amount of information and evidence within the framework of a disputed legal relationship.

The manager draws attention to the fact that when making transactions, there was no positive economic effect and meaning for the debtor, and the reality of economic relations was not confirmed. In this case, the courts did not take into account the fact that concealing the actual meaning of the transaction is in the interests of both its parties – the debtor and the defendant. By making a deal just for show, the parties could properly arrange all the documents, but they did not seek to create real legal consequences.

30.10.2024