THE ALIENATION OF A GRATUITOUSLY PURCHASED CAR CANNOT HARM THE DEBTOR

THE ALIENATION OF A GRATUITOUSLY PURCHASED CAR CANNOT HARM THE DEBTOR

THE ALIENATION OF A GRATUITOUSLY PURCHASED CAR CANNOT HARM THE DEBTOR
The manager applied to the court to challenge the car purchase agreement (case no. A02-1933/21).

The courts of two instances granted the application, recognizing the purchase and sale agreement and the receipt for the cash receipt presented in the case file as falsified based on the conclusions of the expert opinion.

The cassation sent the dispute for reconsideration, noting that in another case, the debtor's purchase of a disputed car was also challenged on the grounds of its gratuitousness. In other words, the debtor's gratuitous purchase of a disputed car, that is, without incurring any financial costs, excludes the debtor's property losses, and therefore his subsequent alienation at any cost cannot lead to property losses.

In addition, from the moment the defendant purchased the car, insurance was issued annually by the defendant, property tax was paid, and the case file contains evidence that the defendant has the financial ability to purchase the disputed car.

11.02.2025