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FEATURES OF RESTITUTION IN CONTESTING LEASING TRANSACTIONS

In the framework of the bankruptcy case (No. A56-26532/20), the manager appealed to the court with an application to challenge transactions on the transfer of the debtor's rights under leasing agreements and the return of cars to the bankruptcy estate. The application was satisfied by the courts of two instances, based on the fact that in this case the assignment of rights and obligations under leasing agreements is actually gratuitous, the debtor has not received a counter-provision ...

IF THE LEASED ITEM HAS NOT BEEN TRANSFERRED, THE ADVANCE IS REFUNDABLE

... recovery of unjustified enrichment. In substantiation of the claim, the plaintiff pointed to the fact of transferring to the lessor an advance payment, which should have been sent to the seller as payment for the leased item. At the same time, the leasing object was never transferred to the lessee, in connection with which he filed a claim for the recovery of the unprocessed advance. The courts of three instances rejected the claim with reference to the fact that the circumstances under which the ...

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