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roseline371274
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Joined: Mon Dec 23, 2024 7:01 am

Related or affiliated legal entities

Post by roseline371274 »

The counterparty with whom the debtor entered into the disputed contracts (relatives of the debtor, r);

- with regard to negotiable civil contracts, price (market, non-market price) is important, and this criterion must be taken into account.

The conclusion by the owner of the property of a transaction to dispose of the property belonging to him in order to make it impossible to satisfy the claim of another person - the collector at the expense of the property of this owner may be qualified as an abuse of property rights, since the owner uses the authority to dispose of the property to the detriment of the property interests of the creditor special database (the conclusion set out in the resolution of the joint chamber of the Cassation Economic Court of the Supreme Court dated 07.12.2018 in case No. 910/7547/17).

At the same time, in the Supreme Court's resolution of January 14, 2020 in case No. 489/5148/18, the court of cassation indicated that the fact that a transaction with a third party to whom the debtor alienated property was actually performed does not exclude the fact that it is aimed at avoiding the imposition of foreclosure on the debtor's property and, accordingly, may be declared invalid on the basis of the general principles of civil law.

(!!!) A person who is a debtor to his counterparties must refrain from actions that unreasonably or dubiously reduce the size of his assets. Agreements concluded by participants in civil relations must have a specific legal and factual purpose, which must not be obviously unlawful and unfair. An agreement concluded "for the sake of the eye" cannot meet such criteria.
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