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FEATURES OF RESTITUTION IN CONTESTING LEASING TRANSACTIONS

... gratuitous, the debtor has not received a counter-provision of the lease payments made by him, which were actually paid by him as the lessee to repay the purchase price. The cassation sent the dispute for reconsideration regarding the application of restitution, pointing out the following: • Having ascertained the significant disparity of the counter-grants of the parties under the contracts, the courts declared them invalid, applying the consequences of the invalidity of transactions in the form ...

THE VOLGA CASSATION HAS FIGURED OUT THE CORRECT APPLICATION OF RESTITUTION FOR A BANKRUPTCY TRANSACTION

The manager applied to the court to challenge the purchase and sale agreement (case no. A65-5960/22). The court of first instance refused to satisfy the claims of the manager, the appeal satisfied the application, based on the fact that the price of the disputed transaction is 26 times lower than the market value. The district court sent the dispute for a new appeal and noted that the amount indicated by the court of Appeal was eight times the amount paid by the defendant to the debtor, but three...

Supreme Court of Russia: what to do in the event of buying a car from a debtor

... individuals signed an agreement for the sale of car. After the transfer of money and the vehicle, the buyer discovered significant defects of the purchased item and terminated the agreement through the court. Thus, the parties faced the obligation to restitution. Subsequently, the seller applied to the court with a bankruptcy bankruptcy petition, and the buyer was included in the register of claims, but the bankruptcy trustee filed an application to compel the creditor to transfer the vehicle to the ...

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