If you bought – it not is taken away

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Practice of the Supreme Court jurisprudence, bona fide purchaser, if the mortgage bought the car, mortgage car, how to prove that you are the purchaser dobrosovetsny

28 of September. The Russian Federation, the Supreme Court put an end to disputes on mortgage vehicles, which have been sold without the authorization of a credit institution. Armed Forces of the Russian Federation ruled that such vehicles can not take away from bona fide buyers. This applies to those cars which are sold after July 1, 2014, from this date, amendments to the Civil Code of the Russian Federation, providing for the termination of the pledge.

Recall that earlier practice of taking away the car, honestly acquired under the contract, it was commonplace. At the same time buyers courts have recommended it to check on the registration of the restrictions, but not always, these restrictions on time fell into the traffic database, and not always at the buyer has the opportunity. As a result, the happy owner of the car got in not a good situation. Eventually, he lost and the car and the money. Car pick up the bank, and the opportunity to return the money to the former owner of an ordinary citizen much less than the bank, but the receiver could do it.

So, as has been the case. A certain citizen Kholodkova in 2012 took a loan to buy a car in the "Uralsib" bank. The provision of credit to the bank as collateral was transferred to the purchased car. In December of this year Kholodkova sold the car under a contract of sale citizen Zemlyanukhin. In this case the debt on the loan is not extinguished citizen. And the car was handed over to the new owner along with the vehicle passport.

In August 2014 (ie 2 years after the events described) citizen Zemlyanukhin sold the car Zhidchenko citizen, who in November 2014 sold it to the citizen Voroshilov. All this time the bank has not received payment under the credit agreement. As a result, the bank in December 2014 the bank through the court demanded to Kholodkova payment of the debt, and to foreclose on the mortgaged property, that is, on the car, which is pledged to and at the time did not even belong to the third and fourth person. As a result, a citizen Voroshilov was left without a car and without money.

Practice of the Supreme Court jurisprudence, bona fide purchaser, if the mortgage bought the car, mortgage car, how to prove that you are the purchaser dobrosovetsny

All the courts have recognized the bank's legal requirements and the requirements of all subsequent owners of the car - not subject to satisfaction. However, the Russian Federation, the Supreme Court did not agree with this position.

According to the conclusions of the Armed Forces, to July 1, 2014 really acted the other norm of the Civil Code and there was another judicial practice. However, after that date entered into force the new rule, namely paragraphs. 2 para. 1, Art. 352 of the Civil Code. This standard specifies that the key is terminated if the mortgaged property for value acquired by a person who did not know and should not have been aware of the fact that the purchased property is pledged.

According to the statements of the victims, they did not know that the property is pledged. the vehicle was an original passport and without notes about the presence of constraints. It is this circumstance the judges of the lower courts had not taken into account.

Therefore, the RF Armed Forces overturned the decision to foreclose on the mortgaged property, and sent the case back for a new trial in the court of appeal.

That is, the Supreme Court came to the conclusion that if a person honestly bought the car, not knowing that he is pledged, he would not part with it, will only prove this ignorance. Although in this case it is valid the presumption of innocence, therefore argue that the transferee knew that the car is pledged to be a credit institution.

By the way, the credit institution with its legal and security services much easier to collect from the borrower's debt, with interest, than ordinary driver to knock the money paid for the car.

Practice of the Supreme Court jurisprudence, bona fide purchaser, if the mortgage bought the car, mortgage car, how to prove that you are the purchaser dobrosovetsny

Reference

Currently, registration of liens engaged notaries. Creditors can not be stored at the vehicle registration, contact the traffic police for the imposition of restrictions on the registration actions. All information about cars that are pledged, notaries are placed in an electronic database.

For information on the pledge, you can check the official website of traffic police.

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