Analysis of Judgment No. 26164 of 2024: Sale of Real Estate and Fraudulent Bankruptcy

The recent ruling of the Court of Cassation No. 26164 of March 25, 2024, has raised important questions regarding the sale of real estate at prices below market value, especially in contexts of fraudulent bankruptcy. This decision fits into a complex legal framework, where the protection of creditors and the fight against asset fraud play a crucial role.

The Context of the Judgment

The judgment in question addresses the issue of fraudulent bankruptcy, a crime that protects the property integrity of creditors. Specifically, the Court analyzed a sales contract for a property that, although formally concluded, was subject to a unilateral suspensive condition in favor of the buyer. This means that, even if the condition had not been fulfilled, the buyer could waive it and proceed with the purchase, thus limiting the seller's power to dispose of the property.

Sale of real estate at a price below market value subject to a suspensive condition in favor of the buyer only - Failure to fulfill the condition - Fraudulent bankruptcy due to distraction - Configurability - Existence - Reasons. In the context of fraudulent asset bankruptcy, which is a crime of danger, the sale contract of a property at a price below market value and subject to a unilateral suspensive condition in favor of the buyer only constitutes distraction, as the latter, even if, upon the expiration of the set term, the suspensive condition has not occurred, in the absence of an explicit declaration of termination of the contract, can waive the condition and exercise the potestative right of purchase, thereby limiting the seller's power to dispose of the property and endangering the guarantees of the creditor class.

Legal Implications

This ruling highlights the risk of asset distraction, which arises when a property is transferred at an incongruous price relative to its market value. The consequences of such acts can be severe, not only for the defendant but also for creditors who see their ability to recover debts threatened. The Court, recalling bankruptcy legislation (Article 216 of the Bankruptcy Law), clarifies that such contracts can be considered fraudulent, as they compromise the debtor's assets and, consequently, the rights of creditors.

In particular, the following issues may emerge from the reading of the judgment:

  • Assessment of sales contracts at lower prices: necessity to analyze the appropriateness of the price relative to the market.
  • Unilateral suspensive conditions: the risk of abuse by the buyer.
  • Protection of creditors: safeguarding property rights in the event of bankruptcy.

Conclusions

Judgment No. 26164 of 2024 from the Court of Cassation serves as an important precedent in the area of fraudulent bankruptcy. It invites reflection on the need for careful oversight regarding real estate transactions, especially in times of economic crisis. The clarity with which the Court has outlined the responsibilities and risks associated with such sales is essential to ensure the protection of creditors and maintain balance in the real estate market.

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