Subject of the Dispute: Invalidation of the Purchase and Sale Agreement for a Part of an Apartment, Concluded by the Husband without the Wife’s Consent.
Main Arguments of the Court: The Supreme Court indicated that invalidation of the agreement is possible only if the bad faith of the counterparty is proven, that is, if the third party knew or should have known about the absence of consent from the other spouse to alienate joint property. The courts of previous instances did not assess the good faith of the property buyer’s actions and prematurely declared the agreement invalid.
Court Decision: The Supreme Court revoked the resolution of the appellate court and referred the case for a new review to the appellate instance for additional investigation of the case circumstances.
