Denied a claim by a financial manager for a claim
February 03, 2020

In the framework of bankruptcy, an agreement on the division of property between spouses was declared invalid; the court applied the consequences of an invalid transaction in the form of a return to the bankruptcy estate of the apartment. However, this apartment had already been sold to third parties. The financial manager filed a lawsuit against the buyers of the apartment regarding the seizure of property from another's illegal possession (vindicatory action).

In the case of a vindicatory action, the good faith of the acquirers of the property is subject to proof. Under Article 302 of the Civil Code of the Russian Federation, a bona fide acquisition takes place when the acquirer does not know and cannot know that he or she is acquiring property from a person who does not have the right to alienate it.

In court, the buyer must prove that he showed due diligence and attentiveness in the transaction, for example, requested an extract from the USRN, making sure that the seller is indeed the owner of the transaction; checked the absence of litigation, claims of third parties regarding the acquired property, etc.

The acquirer also needs to prove the retribution of the apartment sale and purchase agreement. Such evidence may include: the original receipt confirming the transfer of money from the buyer to the seller; mortgage or other loan agreement concluded to acquire this property; account statements of buyers confirming the withdrawal of funds during the transaction, in an amount equal to the value of the item, etc.

Thanks to the work of our employees in court, the good faith of buyers has been proved, as well as the retribution of the apartment sale and purchase agreement. The lawsuit has been denied to the financial manager. And bona fide purchasers have retained ownership of the apartment.

Tatyana Klepikova
+7 (499) 490-47-42

117418, Moscow, st. Novocheremushkinskaya, 69