Subject of Dispute: Invalidation of a Land Plot Sale and Purchase Agreement, which was Concluded under the Influence of Severe Life Circumstances.
Main Arguments of the Court:
1. To declare a transaction invalid under Article 233 of the Civil Code of Ukraine, a combination of conditions is necessary: the presence of a severe circumstance and the conclusion of the contract on extremely unfavorable terms.
2. The court noted that the appellate court did not provide reasons for rejecting the respondent’s arguments about the absence of a severe circumstance and did not evaluate the evidence regarding the actual value of the land plot.
3. The Supreme Court considers the conclusion premature that the plaintiff concluded the contract under the influence of severe circumstances, as not all circumstances were properly investigated and motivated.
Court Decision: To cancel the appellate court’s resolution and refer the case for a new review.
Note: The court deviates from previous practice in terms of interpreting the concept of “severe circumstances” and the conditions for declaring a transaction invalid.
