Brief Analysis of the Court Decision:
1. Subject of Dispute: Invalidation of purchase and sale agreements for a residential house and land plot in terms of the buyer and recovery of property.
2. Key Arguments of the Court:
The Supreme Court pointed out the fundamental impossibility of invalidating the contract “in terms of the buyer”. The courts of previous instances incorrectly applied substantive law, since:
– The Civil Code does not allow such a legal construction
– The method of protection chosen by the plaintiff is ineffective
– Simultaneous modification of the subject and grounds of the claim is not permitted
3. Court Decision: Revoke the decisions of previous instances and refer the case for a new hearing.
Key Thesis: The court must find an effective method of protecting the violated right that corresponds to the essence of the legal violation and does not contradict the law.
