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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.
When the assignment is disputed and the debt has already been paid
The manager applied to the court to the companies to challenge the assignment agreement (case no. A70-24691/22).
In satisfying the application, the courts of two instances concluded that a transaction had been concluded between the affiliated entities in order to remove the liquid right of claim from the debtor's assets, which caused damage to the property rights of the debtor's creditors.
In resolving the issue of applying the consequences of the invalidity of the transaction, the courts proceeded from the fact that invalidation of the transaction entails legal consequences in the form of a return of the parties to their original position, and therefore concluded that it was necessary to restore the debtor's claim to the debtor company and terminate a similar obligation of the debtor company to another company.
The cassation sent the dispute for reconsideration in terms of restitution, pointing out that in the case in question, the debtor company was the debtor's counterparty, the right (claim) to which was alienated in favor of another company under the assignment agreement. At the same time, an invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its commission.
In the case under consideration, the court of first instance did not investigate the circumstances related to the fulfillment by the debtor company of its obligations to the new creditor.
Photo: Freepik
In satisfying the application, the courts of two instances concluded that a transaction had been concluded between the affiliated entities in order to remove the liquid right of claim from the debtor's assets, which caused damage to the property rights of the debtor's creditors.
In resolving the issue of applying the consequences of the invalidity of the transaction, the courts proceeded from the fact that invalidation of the transaction entails legal consequences in the form of a return of the parties to their original position, and therefore concluded that it was necessary to restore the debtor's claim to the debtor company and terminate a similar obligation of the debtor company to another company.
The cassation sent the dispute for reconsideration in terms of restitution, pointing out that in the case in question, the debtor company was the debtor's counterparty, the right (claim) to which was alienated in favor of another company under the assignment agreement. At the same time, an invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its commission.
In the case under consideration, the court of first instance did not investigate the circumstances related to the fulfillment by the debtor company of its obligations to the new creditor.
Photo: Freepik
23.07.2025
