Here is the translation:
Subject of Dispute: Recognition of Invalidity of an Apartment Donation Agreement from Father to Minor Son.
Main Arguments of the Court:
1. The donation agreement is fraudulent (concluded to the detriment of creditors), as it was entered into to avoid seizure of the debtor’s property.
2. The court established that the father donated the apartment less than a year before the debt repayment deadline, having outstanding monetary obligations to creditors.
3. The gratuitous nature of the agreement, family connection between the parties, and the moment of contract execution indicate the debtor’s bad faith behavior.
Court Decision: The Supreme Court canceled the appellate court’s ruling and sent the case for a new review, as the appellate court did not verify the statute of limitations issue.
Note: The court deviated from previous practice regarding fraudulent transactions, detailing the criteria for their qualification.
