The Civil Court of Cassation in case №446 / 53/16-ц disagreed with the position of the previous instances and adopted a new decision.
The department of the state executive service appealed to the court with a statement on the establishment of the method and procedure for execution of the decision on recovery of debts from the person. During the execution of the decision it was established that 6 years before the debtor had purchased a complex of buildings, fully paying for it. However, the contract of sale stipulates that the ownership of real estate passes from the moment of state registration.
At the same time, there are no funds in the debtor's accounts, and the vehicles belonging to him are wanted by the state executor.
According to the CCC, the actions of a person committed with the intention of harming another person, as well as abuse of rights in other forms are not allowed. Therefore, in order to comply with the court decision, the penalty may be applied to 1/2 the ideal share of the complex of non-residential buildings. After all, the property acquired during the marriage, respectively, is the joint property of the spouses.
In this case, the share in the right of joint ownership may be the subject of sale by public (electronic) auction or transfer to the debt collector to repay the debt without its allocation in kind.
Source: https: //zib.com.ua