THE EXISTENCE OF A CONTRACT MAY JUSTIFY THE REALITY OF PAYMENTS

The manager applied to the court to challenge the subcontracting agreement (case no. A56-2399/22).


The courts of two instances granted the application, based on making payments under the contract during the period of suspicion, in favor of the affiliated person if the debtor has signs of insolvency.

The cassation sent the dispute for reconsideration, noting that the applicant had asked to invalidate not the payments, but the contract, without specifying exactly what the loss-making of the transaction was, since the arguments about the lack of documentary justification for the payments by the bankruptcy trustee were not given.

The Court of Appeal refused to attach additional evidence submitted by the appellant, which led to a violation of the procedure for considering the appeal of a person who was not involved in the case and did not ensure the right to a fair trial.