RusBankrot
We know everything about bankruptcy
09/04/2025
Wednesday
THIS DAY IN HISTORY:
9 April 
1928 Islam became the official religion of Turkey|
9 April
1928 Islam became the official religion of Turkey|
THE DEMOLITION OF THE HOUSE WILL ENTAIL A CHANGE IN THE WAY THE RULING ON CHALLENGING THE TRANSACTION IS EXECUTED
The manager applied to the court for a review of the ruling on the dispute over the invalidation of the transaction (case no. A45-20997/21) due to newly discovered circumstances.
The courts of two instances granted the application, since when making the ruling, the courts were unable to provide evidence of the presence (absence) of a house on the land, which could lead to a different outcome of the trial.
The cassation refused to satisfy the application, referring to the fact that the circumstances indicated by the administrator were not newly discovered, since they could have been known to him with due diligence, including with the proper exercise of procedural rights.
In addition, concluding that there were newly discovered circumstances, the courts did not establish when the demolition of the house on the land was carried out. The documents submitted during the appeal attesting to the absence of the house as of the date after the court ruling may be the basis for changing the method of execution of the judicial act declaring the transaction invalid.
The courts of two instances granted the application, since when making the ruling, the courts were unable to provide evidence of the presence (absence) of a house on the land, which could lead to a different outcome of the trial.
The cassation refused to satisfy the application, referring to the fact that the circumstances indicated by the administrator were not newly discovered, since they could have been known to him with due diligence, including with the proper exercise of procedural rights.
In addition, concluding that there were newly discovered circumstances, the courts did not establish when the demolition of the house on the land was carried out. The documents submitted during the appeal attesting to the absence of the house as of the date after the court ruling may be the basis for changing the method of execution of the judicial act declaring the transaction invalid.
04.03.2025
