Invalidation of an agreement on the disposal of property acquired during marriage when Disposal of property dividing the joint property of a “civil spouse”
On January 23! 2024! the Grand Chamber of the Supreme Court! in case No. 523/14489/15-ц! proceedings No. 14-22цс20 (EDRSRU No. 116920101)! examined the issue of disposing of the property of a “civil spouse” when dividing joint property.
The Grand Chamber of the Supreme Court considers the conclusion
The courts to be correct that the grounds for declaring a purchase and sale agreement regarding the disposal of property acquired during marriage invalid are not only 1) the lack of consent of the other Disposal of property spouse to its execution! but also 2) the bad faith of the acquirer! taking this into account.
In accordance with Part One of Article 215 of the Civil Code of Ukraine! several newspapers and news sites the ground for invalidity of a transaction is the failure of the party (parties) at the time of the transaction to comply with the requirements established by Parts One! Three! Five and Six of Article 203 of this Code.
A transaction declared invalid by a court is invalid from the moment of its commission (Part One of Article 236 of the Civil Code of Ukraine).
As a general rule! the owner independently disposes of his be careful with vpn and proxy software! property in accordance with Part One of Article 319 of the Civil Code of Ukraine. However! the disposal of an object of joint ownership (partial or joint) has its own peculiarities.
Property owned by two or more persons (co-owners) belongs to them by right of joint ownership (joint property) (Part One of Article 355 of the Civil Code of Ukraine).
Co-owners of property in joint joint ownership shall own and use it jointly
Unless otherwise established by agreement between them. Disposal of property in joint joint ownership shall be carried out with the consent of all co-owners! unless otherwise established by law. The consent of co-owners to conclude a transaction on the ao lists disposal of joint property! which is subject to notarial certification and (or) state registration! must be expressed in writing and notarized (parts one and two of article 369 of the Civil Code of Ukraine).