The professional media "Lawyer's Newspaper" published a commentary by Ksenia Panteleeva, Deputy Managing Partner, Head of the Regional Office of Alliance Legal Consulting Group.
"The Supreme Court has indicated what should be taken into account when considering a dispute concerning the invalidation of a transaction involving the exchange of apartments".
The court explained: in order to conclude that such a transaction is suspicious, in particular, that the counterparties are unequal, the court must examine the context of the relationship between the parties: the debtor and the counterparty.
Ksenia Panteleeva believes that the issue considered by the Supreme Court of the Russian Federation is relevant, and in several aspects. Thus, she noted: The Bankruptcy Law provides that unequal counter-performance is recognized as any transfer of property or other performance of obligations, the market value of which significantly exceeds the value of the received provision. The court shall take into account the conditions and circumstances of such counter-performance.
The full version of the article on the website of the publication "Lawyer's Newspaper".