Services for individuals
A wide range of services for individuals related to courts of general jurisdiction. Including family, property and inheritance disputes. A wide range of services to individuals related to courts of general jurisdiction. Including family, property and inheritance disputes.
Termination of a lifetime maintenance agreement with dependants and the return of the dwelling to the client
The case came to our team at the cassation appeal stage. C Cases' plaintiff and client, an elderly woman, insisted on terminating the life support agreement with her dependents, as the defendant systematically failed to fulfill his obligations: he did not provide her with a decent standard of living set forth in the contract. When the team joined the draft, two judicial acts had already been adopted against the client, so the key task was to reverse the unfavorable course of the process and obtain a review of the case.
To achieve the goal, the team needed
- build a strategy aimed at challenging previously adopted judicial acts;
- identify procedural violations committed during previous trials;
- challenge the veracity and inconsistency of the defendant's key arguments;
- back up its position with judicial practice;
- prove that the content was either not provided or was provided in an amount less than that provided for in the contract.
We kept the marriage contract in force and protected the client's assets worth more than 1.5 billion rubles
At the re-appeal stage, our team represented the client in a dispute with his ex-wife over the invalidation of the marriage contract and the division of property worth more than 1.5 billion rubles. The ex-wife reasoned her claims by the fact that the marriage contract puts her at an extremely disadvantage, since all assets remain owned by the husband. After the cancellation of previously adopted judicial decisions by cassation, the case was sent for a new trial, which created significant procedural risks for the client. The main task of the team was to keep the marriage contract in force and prevent the division of property under the legal regime.
To achieve this goal, the team carried out comprehensive legal work, which included the following steps:
- Analysis of the marriage contract, the circumstances of its conclusion, the structure of the acquisition of the disputed assets and the case file.
- Confirmation of the fact that the disputed properties were purchased using loans, the obligations under which the client actually fulfilled.
- The rationale for the transparency of the procedure for concluding an agreement is that there are no signs of abuse of rights by the principal when signing the marriage contract.
- Rebuttal of the plaintiff's arguments — the key arguments of the ex-wife were challenged, proving their insolvency and the absence of legal grounds for declaring the agreement invalid.
Reducing interest claims under Article 395 of the Civil Code of the Russian Federation by 26 times
The client's ex-wife appealed to the court to recover more than 800,000 rubles in interest for the use of other people's funds. The reason was a marriage contract, under which the client undertook to transfer to his ex-wife an amount in rubles equivalent to 4,000 US dollars within a month after the divorce. Due to the violation of the transfer deadline, the plaintiff accrued interest under Article 395 of the Civil Code of the Russian Federation and foreclosed it. C Cases' lawyers were tasked with minimizing the financial consequences for the client and reducing the penalty amount as much as possible.
During the consideration of the case, our team:
- declared that the plaintiff missed the limitation period for the claims;
- drew the court's attention to the moratorium on the initiation of bankruptcy proceedings, during which penalties and compensatory financial sanctions are not charged;
- identified errors in the calculations of interest provided by the plaintiff;
- presented an alternative correct calculation. An integrated approach made it possible to significantly adjust the size of the claims.
Protecting the validity of apartment assignment agreements
The opponent appealed to the court to invalidate two consecutive agreements on the assignment of claim to the apartment, as well as restore his right to the disputed property. In support of the claim, he referred to the fact that the deal with our client was allegedly made under the influence of fraud, which means that it should be declared invalid. In fact, it was a question of applying civil law provisions on the invalidity of transactions made under the influence of fraud.
The team based the defense on a key procedural principle: the burden of proving the circumstances referred to by the party lies with that party. We have consistently proven that:
- the opponent did not provide appropriate and admissible evidence of fraud;
- he could not be mistaken about the legal nature and terms of the contracts being concluded;
- there were no actions on the part of the client aimed at deliberately misleading; e
- the transactions were made voluntarily and when the parties were aware of their legal consequences.
Private individual. Lifetime financial aid agreement.
More than 15m ₽
At the cassation stage, C Cases was approached by caring acquaintances of a lonely pensioner who had a life imprisonment agreement with expectation, but it was not fully implemented. An attempt to terminate a contract with another law firm led to a refusal in the court of first instance and appeal.
Private individual. Division of jointly acquired marital property.
820m ₽
After the cassation court canceled and sent for reconsideration the decision to dismiss the opponent's claims to divide the marital property worth more than 1.5 billion rubles, C Cases' lawyers were tasked with obtaining a second refusal to satisfy the claims.