RusBankrot
We know everything about bankruptcy
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 FORMAL OWNER IS JUST A SHELL FOR THE REAL BENEFICIARY
The manager appealed to the court with a demand to invalidate the transactions on the transfer of parking spaces and apartments on behalf of the debtor through third parties (case no. A40-67702/21).
The courts of two instances, refusing to satisfy the stated claims, proceeded from the reality of the disputed transactions, since the parties agreed on the terms of the contracts, confirmed the payment and transfer of property, and also sent documents for state registration. The actual owner of the disputed property is a citizen who acquired it at his own expense and bears the burden of maintenance. There is no evidence to the contrary. There is also no evidence of an illegal purpose or that the property was acquired with criminal means in the interests of the debtor.
The cassation sent the dispute for reconsideration, noting that the courts had not given a proper assessment to the applicant's arguments about the possible sham of the transactions. The facts of the financial ability of citizens to purchase disputed property at their own expense were not investigated. It is indicated that the period of acquisition of property coincides with the activities of a criminal organization, which may indicate an intention to conceal the stolen funds through the registration of property for relatives. It is also noted that family ties between the debtor and the participants in the transactions may explain the existence of appropriate motives for such actions. The burden of proving that the parties to the transactions are aware of the unlawful purpose lies with the defendant.
Photo: Freepik
The courts of two instances, refusing to satisfy the stated claims, proceeded from the reality of the disputed transactions, since the parties agreed on the terms of the contracts, confirmed the payment and transfer of property, and also sent documents for state registration. The actual owner of the disputed property is a citizen who acquired it at his own expense and bears the burden of maintenance. There is no evidence to the contrary. There is also no evidence of an illegal purpose or that the property was acquired with criminal means in the interests of the debtor.
The cassation sent the dispute for reconsideration, noting that the courts had not given a proper assessment to the applicant's arguments about the possible sham of the transactions. The facts of the financial ability of citizens to purchase disputed property at their own expense were not investigated. It is indicated that the period of acquisition of property coincides with the activities of a criminal organization, which may indicate an intention to conceal the stolen funds through the registration of property for relatives. It is also noted that family ties between the debtor and the participants in the transactions may explain the existence of appropriate motives for such actions. The burden of proving that the parties to the transactions are aware of the unlawful purpose lies with the defendant.
Photo: Freepik
12.11.2025
