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SUN: THE INVALIDITY OF THE TRANSACTION DOES NOT ENTAIL EXEMPTION FROM THE COSTS OF OPERATING THE BUILDING

... subsequently declared invalid, and restitution was not applied. This circumstance was used by the courts of three instances as a basis for refusing to satisfy the claim – due to invalidity, the defendant had no obligation to maintain the disputed premises. The Supreme Court pointed out an error in the conclusions of the lower courts: the recognition of the transaction as invalid in conditions where restitution has not been applied does not automatically entail the restoration of the seller's ownership of the disputed property. In addition, even taking into account the recognition of the transaction as invalid,...

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