The Supreme Court left in the competitive weight of SP real estate that the court obliged to return to the former owner
As the Court explained, the creditor’s claim under a non-monetary obligation to return the property to his ownership on the basis of a court decision was transformed into a monetary claim and is satisfied on an equal basis with the claims of other persons in the general procedure.
Lawyer of Tenzor Consulting Group Venera Plieva believes that the Supreme Court made an important determination, which emphasized the need to follow the principle of mandatory entry of rights to real estate in the USRN. “The implementation of this principle presupposes a strict dependence of the emergence of the right to real estate on the entry into the register. The very commented definition of the Court is commendable for its ability to present a legal position, the Economic Collegium consistently and clearly formulates the general rule of the importance of making an entry in the register and follows it, “she noted in a commentary for the Advokatskaya gazeta.
Material The Advokatskaya gazeta is fully available here.