The Armed Forces of the Russian Federation did not allow to challenge the sale of the debtor's car

The Economic Board considered the case on the complaint of the buyer, who had previously concluded a car purchase and sale agreement with the debtor. In the courts of lower instances, the agreement was unanimously declared invalid. However, the Supreme Court of the Russian Federation sided with the acquirer, pointing out that in this case there are not enough reasons to challenge.

The contract of sale of the disputed vehicle was concluded two months after the initiation of an insolvency case against the debtor.

The price of the property agreed by the parties, according to the subsequent assessment, was underestimated by 22.8%.

It was these two circumstances that served as the reason for the invalidation of the contract.

But the Supreme Court of the Russian Federation, considering the complaint, pointed out that in order to satisfy the application for challenging the contract, it is necessary to take into account more circumstances. It is important to assess how unequal the counter-provision is in this case, given the condition of a particular car. In addition, in addition to the transaction price, the court should also take into account the context of the relationship between the parties to the contract, so that the conclusion of suspicion is more convincing and justified (definition No. 306-ES21-4742 of May 5, 2022).