Review of the practice of the Armed Forces of the Russian Federation from March 2015 to March 2020 on the issue of “Real estate transactions”

In the spring of 2020, the focus is on the new “anti-coronavirus” legislation in the field of real estate rental. However, it is worth remembering that the new rules do not replace, but only complement the previously established approaches. We have prepared an overview of the most important legal positions of the Supreme Court of the Russian Federation in the field of real estate transactions, primarily in the field of real estate leasing. Perhaps you will find the solution you need in these explanations.

Definition No. 29-KG14-3

Early termination of the land lease agreement at the request of the landlord is possible only on the grounds provided for by law or the agreement. In itself, the cancellation of decisions on the provision of plots on a leasehold basis is not a basis for terminating the contract.

Definition No. 306-ES14-929

By virtue of paragraph 1 of Art. 461 of the Civil Code of the Russian Federation, the seller is obliged to compensate the buyer for losses caused by the fact that the latter was deprived of the goods on grounds that arose before the execution of the contract of sale, unless the buyer knew or should have known about the existence of these grounds.

The limitation period for such a claim begins to run from the moment the buyer learns that the defendant is unable to transfer ownership (in a specific situation, with a court decision establishing the ownership of the Russian Federation to the property being sold).

Definition N 305-ES15-6784

The parties have the right to provide in the lease agreement the amount of compensation that must be paid by one of the parties in case of an unmotivated unilateral refusal to perform the agreement. Forfeit provisions do not apply to the amounts of such compensation.

Definition N 32-KG16-23

In the presence of the consent of all participants in the shared ownership of an agricultural land plot to lease it out, the allocation by the owner of a land share encumbered with the right to lease cannot be carried out without the consent of the tenant.

Definition N 309-ES17-1058

In the event that the arbitration court comes to the conclusion that there are grounds for reducing the fee for unilateral cancellation of the lease agreement, it cannot reduce the fee to an amount that does not eliminate the consequences of the cancellation of the contract for the other party and cannot compensate for other possible losses. At the same time, the provisions of Art. 333 of the Civil Code of the Russian Federation on reducing the amount of the penalty does not apply.

Definition N 304-ES16-20773

In the case when on the leased land plot, which is in public ownership, there is an unfinished building of real estate, erected on legal grounds and owned by the tenant, Art. 622 of the Civil Code of the Russian Federation cannot serve as a basis for imposing on the tenant the obligation to vacate this land plot, regardless of whether the lease agreement has been terminated or terminated.

Definition N 303-ES16-19319

A person who has committed unlawful intentional actions for the double sale of one object is obliged to compensate for the losses caused by this to a person who was the final buyer of this object in one of the resale chains, but who did not acquire ownership of it.

Definition N 78-KG17-21

Failure by the buyer to fulfill the obligation to pay for the goods transferred to him by the seller refers to material violations of the terms of the contract of sale. In such a situation, the seller has the right to demand termination of the contract and the return of things to him, including when it comes to real estate. The fact that the transfer of rights to the object has already been registered in the USRN does not matter.

Definition N 33-KG17-10

The requirement to recognize the right of ownership of immovable property as absent may be satisfied if it is declared by the possessing owner in relation to a person who does not own property, whose right to this property was registered illegally, and this registration violates the right of the owner, which cannot be protected by filing a claim for recovery property from someone else's illegal possession.

Definition N 5-KG17-117

In case of delay in fulfilling the obligation to build an apartment and transfer it to a citizen, the amount of additional payment for the property in foreign currency agreed by the parties to the transaction is subject to calculation based on the foreign currency exchange rate against the ruble on the payment date specified in the contract. The costs caused by the exchange rate difference of currencies are charged to the person who has delayed the performance.

Definition N 49-KG17-34

If there are disagreements between the parties about the term of the contract to be concluded on the basis of a court decision, such term is determined by the court.

The resolution by the court of a dispute about the existence of disagreements on the specific terms of the contract to be concluded essentially boils down to introducing certainty into the legal relations of the parties and determining by the court the conditions viy, not settled by the parties in a pre-trial order. The establishment by the court or the change in the consideration of such a dispute of the factual circumstances that affect the wording of the claim does not change its subject matter as a dispute about the terms of the contract and should not lead to the refusal of the court to determine them, since the consequence of such a refusal is the need to file a new claim, which may lead to to a violation of the right to legal proceedings within a reasonable time.

Definition N 309-ES18-8924

Upon termination of the lease agreement violated by the tenant and the conclusion of a replacement agreement at a lower price, the landlord has the right to compensation for specific losses in the form of the difference between the price established in the terminated agreement and the price provided for by the replacement agreement.

Definition N 53-KG18-38

In order to recognize a covering transaction as invalid due to its sham, it is necessary to establish the real will of all parties to the transaction to conclude another (disguised) transaction. There is no possibility of recognizing the concluded transaction as both feigned and made under the influence of deceit.

Definition N 307-ES18-25783

The contract clause of one of the owners (holder of the right of operational management) of the premises in an apartment building with the management company of an apartment building on the release of this owner from the obligation to bear the costs of maintaining common property in an apartment building is void.

Do you have any questions?

Using them, you can contact the author Daria Vladimirovna Tretyakova (head of the representative office in Moscow).

Author

Daria Vladimirovna Tretyakova

Head of representative office in Moscow