We know everything about bankruptcy
15/05/2024
Wednesday
15 May 
1970 The first line of the Moscow Metro from the Sokolniki station to the Culture Park was opened.
1970 The first line of the Moscow Metro from the Sokolniki station to the Culture Park was opened.
1970 The “godless five-year plan” was announced, the aim of which was to “to forget the name of God in the country” by May 1, 1937.
1970 The “godless five-year plan” was announced, the aim of which was to “to forget the name of God in the country” by May 1, 1937.
1970 Portugal declared its bankruptcy.
1970 Portugal declared its bankruptcy.
SUN: THE INVALIDITY OF THE TRANSACTION DOES NOT ENTAIL EXEMPTION FROM THE COSTS OF OPERATING THE BUILDING
defendant was able to save about 3.6 million rubles (case no. A40-205506/2021).
The premises in the plaintiff's building were transferred to the defendant's ownership, however, the transaction was subsequently declared invalid, and restitution was not applied. This circumstance was used by the courts of three instances as a basis for refusing to satisfy the claim – due to invalidity, the defendant had no obligation to maintain the disputed premises.
The Supreme Court pointed out an error in the conclusions of the lower courts: the recognition of the transaction as invalid in conditions where restitution has not been applied does not automatically entail the restoration of the seller's ownership of the disputed property.
In addition, even taking into account the recognition of the transaction as invalid, for more than a year the defendant was the owner of the disputed premises that were actually used by him, which was not denied by the parties. At the same time, all expenses for the operation of the building were carried out only at the expense of the plaintiff, although the defendant had to bear them in proportion to the area of the premises used by him. The plaintiff's payment of the expenses for the operation of the building is confirmed by the relevant contracts and payment orders.
The courts also failed to give a proper legal assessment to the agreement between the parties, according to which the total costs (under land lease agreements, power supply, heat supply, water supply, sewerage, garbage disposal) were taken into account as expenses of the parties in the proportion of 60% and 40%.
Thus, the courts did not establish the circumstances relevant to the resolution of the dispute, and incorrectly defined the rules of law governing the legal relations of the parties. Judicial acts have been canceled, the case has been sent for new consideration.
Photo: Freepik
