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Case No. 520/14132/18 dated 26/02/2025

Here is the translation:

1. Subject of Dispute: Claim for establishing the fact of cohabitation, invalidation of investment and donation agreements, recognition of property ownership.

2. Main Arguments of the Court:

The court concluded that the plaintiff’s chosen method of rights protection is inappropriate. Specifically:

– The claim to establish the fact of cohabitation without marriage cannot be satisfied, as PERSON_3 was in another marriage at the time of investment.

– Invalidating the investment agreement regarding investor identification does not correspond to the nature of legal relations.

– The plaintiff did not provide evidence of rights violation by the donation agreement.

The court considers a vindicatory claim for recovery of property share or its value to be an effective method of protection.

3. Court Decision: Reject the claim due to the selection of an inappropriate method of rights protection.

The court decision demonstrates a principled position that the method of rights protection must be effective and actually restore violated rights.

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