
While providing legal support to a major state bank, the lawyers of Alexandrov&Partners won a lawsuit seeking invalidation of apartment proprietary rights mortgage agreement in the court of appeal. This case was complicated by the established practice of the Supreme Court of Ukraine that proprietary rights to real estate could not have been used as the subject of mortgage agreements before 14 January 2009.
In this connection, should the court have invalidated the mortgage agreement, the Bank would have not been able to enforce the collateral and partially repay multimillion debt.
However, Alexandrov&Partners lawyers prepared a well-founded legal position of handling this case and proved to the court of appeal that the mere fact of transfer of proprietary rights to apartment by 14 January 2009 may not be an unconditional ground for invalidating the mortgage agreement.
Thanks to the competent work of our lawyers, the Client obtained a very important prejudicial decision in subsequent similar litigations.
