The new regulation APU simplifies the process of disputing the purchase of the property.
In Ukraine has become more dangerous to buy property with it. The Supreme court has provided a new opportunity to challenge the transaction on purchase and sale of any kind, provided that it was imposed burdening of the judicial process.
“According to the document, the transaction on purchase and sale of property should be invalidated if the property at the time of conveyance of property was forbidden to alienate, in particular, the court’s ruling on the claim. And most importantly — even if in appropriate state register there was no record on the prohibition of the alienation of property, and the seller knew or could know of such a complication, despite the absence of such entries in the registry, the deal is still unlawful. The buyer of such property with nothing in the future can, at best, to recover funds as specified in the agreement of purchase and sale with the unscrupulous seller,” explained UBR.ua the situation senior partner of the law firm “Kravets and partners” Rostislav Kravets.
However, lawyers are concerned that the concept of awareness will be erased. And that buyer will be difficult to prove that he did not know that the purchased good is arrested, and it will be his to lose.
“This decision is positive for the creditor in enforcement proceedings, because it creates the ground for the return of illegally expropriated property in property of the debtor. For the buyer of the property the decision is a disaster because it loses the right of ownership of the acquired immovable property and gains the right to claim the value of the property specified in the contract of sale. The amount that he probably will not return as there are primary creditors whose claims will be satisfied at the expense of taken from a bona fide purchaser of real property,” commented UBR.ua the situation the lawyer of the legal consulting company “De jure” Andrew pavlyshyn.
According to lawyers, the number of property disputes in recent years, growing like a snowball. Most people are suing for real estate, cars and corporate law on the business.
“Disputes are particularly common in cases where the property is in joint ownership of several persons (spouses, relatives, etc.). Usually it is either the claims about recognition of transactions void or to viterbovia property from a good faith or bad faith of the acquirer,” said Victor frost.
According to him, the amount of such disputes can start from tens of thousands of hryvnia and end with tens of millions of dollars.
In addition, actively suing for the assets of the creditors. Lawyers say they often lose out to borrowers.
“Most of the illegal “court operations” real estate the banks ‘ losses. We are sincerely sorry for them, especially those with foreign capital. The judicial system over them just making fun. Billions of dollars “uplyvshih” collateral”, — summed up Andriy pavlyshyn.
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