DETERMINATION OF CK OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of January 20, 1994

The transaction requiring the notarial certificate, but which is not drawn up properly can be acknowledged as court valid only on condition of validity of the fact of the conclusion of the agreement

Spouses Belykh - And. and L. - made the claim to Polev V. for reclamation of the car. Claimants specified in the action for declaration that on December 17, 1990. Belykh A. on place of employment was allocated for purchase the car worth 9900 rub. Because money for acquisition of the car was not, claimants agreed with Polev V. that he will lend 10000 rub on condition that the power of attorney on the right of control of car during debt payment due date will be this to it. December 21, 1990. Belykh A. contributed 9900 rub received on credit from Polev V. in cash desk of the plant. Together with Polev V. Belykh A. received and delivered the car to Lysychansk, registered it on the name in the Lysychansk GAI based on technical data sheet. On December 28, 1990 the power of attorney on the right of control of car for a period of three years was issued to Polev V. Having doubted that the defendant will return in three years the car in good repair, claimants ahead of schedule terminated on June 28, 1991 the power of attorney, repaid debt, however Polev V. refused to return the car belonging to them.

V.'s watering made the counter claim about recognition valid the purchase and sale agreement of the car, referring to the fact that spouses Belykh in December, 1990 sold it the car for 30 000 rub, however properly they did not draw up directly the agreement as Belykh A. was afraid that it will become known at the plant therefore they agreed about renewal of documents on the car in the summer of 1991. After receipt of the power of attorney Polev V. ferried the car to the place of the permanent residence in the item Nizhny Novgorod of Kislyay and considered it the property. In the summer of 1991. Belykh A. refused renewal of documents on the machine addressed to Polev V. and began to require additional fare in the amount of 35 000 rub.

The decision of Buturlinovsky district national court left without change determination of judicial board on civil cases of the Voronezh regional court in the claim White And. and L. it is refused, the counter action of Polev V. is satisfied.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info