Application of the provisions of Article 1212 of the Civil Code of Ukraine Restitution of the in the event of recovery of unjustly acquired funds upon preliminary establishment of the nullity of the property lease agreement
On August 3! 2022! the Supreme Court
As part of the panel of judges of the Cassation Economic Court! in case No. 906/1422/20 (EDRSRU No. 105562736)! examined the issue of applying the provisions of Article 1212 of the Civil Code of Ukraine what makes live casino games on reddy anna special? in the event of recovery of unjustly acquired funds upon preliminary establishment of the nullity of the property lease agreement.
According to Part 2 of Article 215 of the Civil Code of Ukraine! in particular! a transaction is Restitution of the invalid if its invalidity is established by law (void transaction).
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According to Part 1 of Article 216 of the Civil Code of Ukraine! an invalid transaction does not create legal consequences! except for those related to its invalidity.
In the event of the invalidity of the transaction
Each of the parties is obliged to return to the other party in kind although there are various derivation formulas everything that it received for the performance of this transaction! and in the event of the impossibility of such return! in particular when the received consists in the use of property! work performed! or service provided! to compensate the value of what was received at the prices prevailing at the time of compensation .
The interpretation of the content of the above norm shows that an invalid transaction be numbers does not create for the parties the rights and obligations that it was supposed to create! but only generates the consequences provided for by law related to its invalidity.