The court allowed the arrest of a single housing

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It applies to cases where debtors can dispose of housing to the detriment of the creditor

The arrest of the only apartment of the debtor is legal, if the measure is adopted in order to prevent him to dispose of housing to the detriment of the claimant, according to “bn-newspaper” with reference to the definition of the Supreme Court of Russia.

We are talking about those cases where the debtor has no other assets that can be arrested.

Суд разрешил арестовывать единственное жилье
Photo: Lori

As stated in the decision of the Court, the bailiffs seized the apartment of the debtor, which, in turn, challenged this decision in court. Defaulter in the statement of claim referred to the fact that the apartment is his only property to which section 1 of article 446 GPK of the Russian Federation can not be levied.

 

And although the district court and the appeals court sided with the debtor, the Judicial Board VS of the Russian Federation cancelled these decisions and ordered the denial of the requirements of the defaulter.

The court explained that section 1 of article 69 of the Federal law “On enforcement proceedings” foreclosure involves seizure of property and its implementation, carried out by the debtor themselves or by force.

However, if the arrest is expressed in the prohibition on Commission registration actions in respect of the property, taking the apartment and its implementation is not provided.

“In such circumstances, the arrest is a guarantee of ensuring rights and legitimate interests of the claimant and cannot be considered as violating the rights and legitimate interests of the debtor”, – stated in the definition of the armed forces.

However, according to this document, the bailiffs will not evict the owner from the apartment or sell the property against the will of the owner as the right to reside in the apartment is still guaranteed by law.

“The seizure of either the establishment of a corresponding prohibition should not preclude the citizen-debtor and members of his family to use such property,” the resolution reads.

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