Subject of Dispute: Invalidation of a Land Plot Sale and Purchase Agreement, which was Concluded under the Influence of Severe Life Circumstances.<\/p>\n
Main Arguments of the Court:<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
Court Decision: To cancel the appellate court’s resolution and refer the case for a new review.<\/p>\n
Note: The court deviates from previous practice in terms of interpreting the concept of “severe circumstances” and the conditions for declaring a transaction invalid.<\/p>\n