Application of the provisions of Article 1212 of the Civil Code of Ukraine in the event of recovery of unjustly acquired funds upon preliminary establishment of the nullity of the real estate lease agreement
On December 8! 2021! the Supreme Court! consisting of a panel of judges of the Collection of funds Second Judicial Chamber of the Civil Court of Cassation! in case No. 759/9443/17! proceedings No. 61-11386св20 (EDRSRU No. 101913114)! examined the issues of: (a) whether a lease agreement for non-residential premises! concluded for landing pages for service providers: how to sell your authority 10 years! is subject to notarial certification; (b) whether funds are subject to recovery from the defendant for the use of non-residential premises.
Regarding notarization of a non-residential premises contract
The nullity of a transaction is constructed using “textual” invalidity! since it exists only in the case of a direct indication of the law. Such a direct indication can be embodied! in particular! in the terms “null and void”! “is invalid”. A null and void transaction! unlike a contested one! does not create legal consequences! that is! it does not “give rise to” (change or terminate) civil rights and obligations.
If the invalidity of a certain transaction is established by law! that is! if this transaction is null and Collection of funds void! a claim for its recognition as null and void is not an appropriate way to protect the right or interest of the plaintiff. In the event of a dispute regarding the legal consequences of an invalid transaction! one of the ai-powered digital talent: the 10 professions of the future parties to which or another interested person considers it null and void! the court shall verify the relevant arguments and in the motivational part of the court decision! applying the relevant provisions of substantive law! confirm or refute the fact of the nullity of the transaction.
If the parties fail to comply with the requirements
The law on notarization of the contract! such a contract is null and void (Part One of Article 220 of the Civil Code of Ukraine).
A lease agreement for a building or other capital structure (a separate clean email part thereof) shall be concluded in writing (part one of Article 793 of the Civil Code of Ukraine in the version in force as of May 22! 2014).
A lease agreement for a building or other capital structure (a separate part thereof) for a period of three years or more is subject to notarization (part two of Article 793 of the Civil Code of Ukraine in the version in force as of May 22! 2014).