Subject of Dispute: Invalidation of Apartment Donation Agreements between Relatives with the Purpose of Avoiding Debt Obligations.
Main Arguments of the Court:
The Supreme Court drew attention that the courts of previous instances incorrectly assessed the circumstances of the case. Firstly, the donation agreements were concluded simultaneously with the registration of inherited property and 15 days after the court decision on debt recovery. Secondly, the agreements were made between close relatives, which may indicate an intention to conceal property from seizure. Thirdly, the courts did not verify whether the debtors had other property to repay the debt.
Court Decision: The Supreme Court revoked the ruling of the appellate court and referred the case for a new review to the appellate instance for additional examination of the case circumstances.
