THE SPOUSE OF THE DEFENDANT IN THE DISPUTED TRANSACTION HAS THE RIGHT TO PARTICIPATE IN A SEPARATE DISPUTE

As part of the bankruptcy case of a citizen (No. A40-48395/20), the manager appealed to the court with an application to challenge the car purchase and sale agreement.

The court of first instance, satisfying the application, pointed out that the transaction was made between interested parties, and the defendant did not provide any evidence of payment for the disputed transaction.

The appeal left the ruling unchanged and terminated the proceedings on the complaint of a third party.

The cassation sent the dispute for a new appeal and noted the following:

• In substantiation of his right to appeal against the ruling of the court of first instance, the third person referred to the fact that the car purchase and sale transaction, which was declared invalid by the court, was purchased by the applicant and the defendant with common funds and is jointly acquired property, using the car for family purposes.

• The car was driven directly by the applicant, he bore the costs of maintaining and maintaining the car in working condition. During the marriage and after its dissolution, the car was and is in use by the applicant.