Participants of the first workshop on “Problems of recovering in context of family and inheritance law” which started on November, 30, discussed the practice of challenging transactions in terms of family and inheritance law.
In particular, Anna Tyshchenko, Counsel of Litigation Practice, revealed the main aspects and disputed issues of judicial practice regarding declaration of collateral arrangements invalid and/or dissolved. Ms. Tyshchenko drew attention to the consequences of the judgment of the Constitutional Court of Ukraine of 25.09.12 in case on legal recourse by IKIO company regarding official interpretation of provision of Part 1 Article 61 of the Family Code of Ukraine as for on which legal entities it extends.
During the next two sessions, lawyers Oleksii Kominarets and Nina Litvinchuk touched upon the most general risks for banks, which arise in granting of credit to the clients with infant child. Also the lawyers examined the practical aspects of foreclosure on the property jointly owned by the spouses.
During the discussions the workshop participants shared practical experience and analyzed the legal cases. Besides they chose by voting the issues to be discussed during the next Integrites workshop.
“Launch of a series of workshops for financial institutions is caused by judicial activity of borrowers against the banks, which doesn’t seem to decrease, and growing number of disputed issues. In spite of significant decrease in negatively classified loans (bad, doubtful), according to the National Bank of Ukraine their number decreased by 12 bln UAH, litigation with troubled borrowers continues to be relevant”, - summarized Anna Tyshchenko.
CONCLUSIONS AND MATERIALS OF THE WORKSHOP:
ANNA TYSHCHENKO, Counsel of Litigation Practice, “The practice of challenging transactions in terms of family and inheritance law”
ALEKSEY KOMINARETS, Lawyer, “The practical aspects of foreclosure on the property jointly owned by the spouses”
NINA LITVINCHUK, Lawyer, “Protecting the rights of children in credit and mortgage legal relations: theory and practice”