The Supreme Court ordered notarization of bankrupt transactions involving children
The requirement to notarize a real estate transaction, one of the owners of which is a child, is preserved in bankruptcy cases, the Supreme Court of the Russian Federation explained. In these circumstances, the sale of the debtor's property at bankruptcy auctions does not exempt from the mandatory campaign to the notary.
The requirement to notarize a real estate transaction, one of the owners of which is a child, is preserved in bankruptcy cases, the Supreme Court of the Russian Federation explained. In these circumstances, the sale of the debtor's property at bankruptcy auctions does not exempt from the mandatory campaign to the notary.
The precedent decision was made in the framework of the bankruptcy case of Roman Zolotarev. Its mass included an apartment of 89.4 square meters, pledged to Sberbank on a loan. The owners of the property were not only bankrupt, but also his wife and two children. In 2024, as part of the insolvency procedure, the financial manager sold the debtor's apartment at auction and concluded a purchase and sale agreement with the winner. However, Rosreestr suspended the process of registration of the transfer of ownership of real estate, demanding to certify the transaction with a notary. The manager did not agree with this and challenged the refusal of the department in court.
The arbitration courts supported the manager, indicating that the requirements for notarial inspection are not applied to the transactions with real estate concluded at the auction, which were foreclosed by the court decision. Specificity of realization of the debtor's property within bankruptcy does not require notarization, explained in court acts.
On the complaint of Rosreestr, the dispute was transferred to the economic board of the Armed Forces, which did not agree with the conclusions of lower instances. In its decision, the Supreme Court explained that Part 2 of Art. 54 of the Registration Act directly requires that transactions with real estate of minors pass through a notary. Such a check is needed to further protect the rights of children as the weakest party, the panel of judges said. In turn, the bankruptcy law does not make any exceptions to this, the Supreme Court stressed. As a result, the economic board canceled the decisions of lower courts and recognized the legal actions of Rosreestr, which suspended the procedure for re-registration of ownership of an apartment.
Jan Nazarenko
