RusBankrot
We know everything about bankruptcy
28/04/2024
Sunday
THIS DAY IN HISTORY:
28 April 
1970 World Labor Safety Day
1970 World Labor Safety Day
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The capture of Milan by the troops of Suvorov
1970 The capture of Milan by the troops of Suvorov
28 April
1970 World Labor Safety Day
1970 World Labor Safety Day
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The capture of Milan by the troops of Suvorov
1970 The capture of Milan by the troops of Suvorov
THE RIGHT OF PERPETUAL USE IS NOT AN ASSET OF THE DEBTOR
The manager claimed to challenge the actions of the Department for the unilateral termination of the right of indefinite use of the land.
Positions of the vessels
The courts of the first, appellate and cassation instances satisfied the requirements of the manager.
They concluded that the claims were justified, based on the fact that the transaction was made without grounds for that and counter-execution. In addition, the debtor's bankruptcy estate includes the right to this land plot. Thus, a controversial transaction harms the interests of creditors. In this regard, they recognized the statement of the manager as justified and established the existence of grounds for applying the consequences of the invalidity of the transaction.
The position of the Supreme Court
The higher instance did not agree with the position of the lower courts, canceled their judicial acts and refused to satisfy the application (Ruling of the Supreme Court of December 01, 2023 in the case A73–6/2013 (303–ES23–15595).
Forming its position, the court presented the following arguments:
• The state unitary enterprise, which is the debtor, does not have ownership rights to the property assigned to it. This property is state-owned.
• Currently, there are no provisions in the legislation that the right of indefinite use of a land plot, which the debtor was not entitled to dispose of before bankruptcy, can be transferred to another person only on the basis of a court decision on bankruptcy of the debtor.
Positions of the vessels
The courts of the first, appellate and cassation instances satisfied the requirements of the manager.They concluded that the claims were justified, based on the fact that the transaction was made without grounds for that and counter-execution. In addition, the debtor's bankruptcy estate includes the right to this land plot. Thus, a controversial transaction harms the interests of creditors. In this regard, they recognized the statement of the manager as justified and established the existence of grounds for applying the consequences of the invalidity of the transaction.
The position of the Supreme Court
The higher instance did not agree with the position of the lower courts, canceled their judicial acts and refused to satisfy the application (Ruling of the Supreme Court of December 01, 2023 in the case A73–6/2013 (303–ES23–15595).Forming its position, the court presented the following arguments:
• The state unitary enterprise, which is the debtor, does not have ownership rights to the property assigned to it. This property is state-owned.
• Currently, there are no provisions in the legislation that the right of indefinite use of a land plot, which the debtor was not entitled to dispose of before bankruptcy, can be transferred to another person only on the basis of a court decision on bankruptcy of the debtor.
25.12.2023
