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05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
THE DISPARITY OF COUNTER PERFORMANCE: WHERE IS THE LINE BETWEEN A MARKET PRICE AND AN UNDERVALUED PRICE?
The manager applied to the court for invalidation of the apartment purchase and sale agreement between the debtor and the defendant (case no. A41-9798/22).
In rejecting the application, the court of first instance proceeded from the fact that the payment under the contract was confirmed by the receipt provided in the case file.
In satisfying the application, the appeals board proceeded from the fact that the value of the property established by the contract was significantly underestimated, in addition, the case file did not provide evidence that the defendant had the financial ability to purchase an apartment, nor did it provide information on the expenditure of the funds received by the debtor.
The cassation sent the dispute for reconsideration, pointing out that it did not follow from the judicial acts that information about the financial capability of the defendant and about the expenditure of the funds received by the debtor were requested from the parties by the courts when considering the dispute. Thus, the conclusion that the receipt is not a proper proof of payment fulfillment under the contract is recognized by the district court as premature.
When considering the compliance of the value of the property with the actual value established by the contract, the court of appeal proceeded from the conclusions of the conclusion on the assessment of the market value of the apartment, as well as from information on the cadastral value of the apartment as of the date.
According to the conclusion prepared by the organization, the value of the property at the date of conclusion of the contract is the amount. Meanwhile, the assessment was carried out on the basis of information about similar objects, without examining the disputed apartment.
The District Court draws attention to the fact that this conclusion is one of the evidence in the case, but it does not have a pre-determined force for the court and is subject to evaluation along with other evidence.
The court of appeal also took into account the cadastral value of the sold apartment, which, as of the date, amounts to a certain amount. Meanwhile, the district court draws attention to the fact that the contract was concluded earlier than the specified date, so the court could have taken into account the cadastral value at the date of the contract, but not two years later. In order to establish the market value of the disputed property, the court should raise the issue of appointing a forensic examination for discussion by the parties.
Photo: Freepik
In rejecting the application, the court of first instance proceeded from the fact that the payment under the contract was confirmed by the receipt provided in the case file.
In satisfying the application, the appeals board proceeded from the fact that the value of the property established by the contract was significantly underestimated, in addition, the case file did not provide evidence that the defendant had the financial ability to purchase an apartment, nor did it provide information on the expenditure of the funds received by the debtor.
The cassation sent the dispute for reconsideration, pointing out that it did not follow from the judicial acts that information about the financial capability of the defendant and about the expenditure of the funds received by the debtor were requested from the parties by the courts when considering the dispute. Thus, the conclusion that the receipt is not a proper proof of payment fulfillment under the contract is recognized by the district court as premature.
When considering the compliance of the value of the property with the actual value established by the contract, the court of appeal proceeded from the conclusions of the conclusion on the assessment of the market value of the apartment, as well as from information on the cadastral value of the apartment as of the date.
According to the conclusion prepared by the organization, the value of the property at the date of conclusion of the contract is the amount. Meanwhile, the assessment was carried out on the basis of information about similar objects, without examining the disputed apartment.
The District Court draws attention to the fact that this conclusion is one of the evidence in the case, but it does not have a pre-determined force for the court and is subject to evaluation along with other evidence.
The court of appeal also took into account the cadastral value of the sold apartment, which, as of the date, amounts to a certain amount. Meanwhile, the district court draws attention to the fact that the contract was concluded earlier than the specified date, so the court could have taken into account the cadastral value at the date of the contract, but not two years later. In order to establish the market value of the disputed property, the court should raise the issue of appointing a forensic examination for discussion by the parties.
Photo: Freepik
08.07.2025
