Arrest of actives has lost meaning
YOU has left possibility of a conclusion of problem property
the Supreme Arbitration Court (YOU) has made the decision which gives the chance to unfair businessmen to translate actives from one company on another in case of a situation, their menacing integrity. The presidium has supported YOU opinion of inferior courts that the purchase and sale transaction is valid even if before registration of transition of the property right to disputable property arrest has been put.
in YOU the participant of Open Company " has addressed; Industrially - the building company “ the Constant “ with the requirement to recognise void the transaction between a society and the company “ Tourist`s service “. In the summer of 2001 Southern - the Sakhalin city court has given out the court order on property arrest “ Constants “. And in the autumn the company has transferred premises of Open Company belonging to it “ Tourist`s service “. The purchase and sale contract between the organisations has been concluded in March, but property right transition is registered only in October - after seizure of property. Besides, through a short time interval “ Tourist`s service “ has sold Open Company property “ LZP “ Kachug “. Its unique founder was certain g - n Gusevsky, it the general director “ arrested “ “ Constants “.
the Three of judges YOU in the definition has specified that circumstances testify to a group coordination in operation all companies. Proceeding from definition YOU as property cession of rights has occurred after seizure of property, transactions on transition of the property rights to disputable property should be recognised by void. However the presidium YOU, considered on Tuesday is case, a position of a three has not supported.
lawyers in some bewilderment. “ by not absolutely clearly, what motives was guided YOU “ - the operating partner " speaks; the Megacity of Ligal “ Elena Lebedev. As she considers, the given decision leaves possibility to unfair business in case of adverse litigations to deduce actives from the company. “ Besides, in itself arrest of property becomes senseless. Always it is possible to sign backdating the purchase and sale contract “ - the expert speaks. At the same time experts see in the decision YOU and positive sides. “ it can be useful to the proprietors of business deducing during time or on the threshold of rejderskogo of capture actives in the form of real estate on the friendly companies “ - the lawyer of legal firm " speaks; Legal initiatives - the XXI-st century “ Xenia Avhodieva. As it explains, it concerns situations when arrest is initiated by raiders on purpose to freeze actives and not to allow to deduce them to management of the grasped company.