Claim for Invalidating the Transaction was Unfounded

• 2022-03-28

The claimant filed a lawsuit, stating that her husband had sold a plot of land owned by both of them without her knowledge and consent. Referring to Articles 201, 199, 195, and 303 of the Civil Code of the Republic of Armenia, the claimant requested the court to invalidate the sale-purchase agreement and, consequently, the state registration of ownership based on the contract.
Upon examining the case and interpreting the facts and applicable legal provisions, the court found that there was no evidence to support the claim that the disputed real estate sale-purchase agreement was concluded without the claimant's consent, or that there was an alternative agreement regarding the management of the disputed property, or that the buyer was aware of the seller’s marital status and the situation concerning the disputed real estate.
The court noted that at the time of the sale, the disputed land was jointly owned by the claimant and the defendant. Additionally, the court established that, regardless of whether the buyer knew about the marital status of the seller, there was an agreement in the civil case where the claimant consented to the sale of the property jointly owned with her husband.
Furthermore, the content of the agreement allowed the court to conclude that the claimant was not only aware of the transaction but also gave her consent for it. Therefore, the existence of this agreement was sufficient for the buyer to assume that the sale of the land was carried out with the mutual consent of the spouses.
Thus, after reviewing and evaluating the presented evidence, and referring to the legal positions expressed by the Court of Cassation, the court reasonably concluded that the claim was unfounded and should be dismissed.

Note: Decision No. ED/23190/02/18 of the Civil Case by the First Instance Court of General Jurisdiction of Yerevan has entered into legal force.