The Co-owner Requested to Invalidate the Sale-Purchase Agreement

• 2022-07-28

During their marriage, E.I. had acquired a plot of land and, in 2009, sold it to R.S. under a sale-purchase agreement. E.I.'s wife filed a lawsuit, stating that she had not been informed of the transaction and had not given her consent.
We filed a motion to apply the statute of limitations to the claim, as a request to invalidate the disputed transaction could only have been filed within one year from the day the claimant knew, or should have known, about the transaction.
In our view, based on her legal status, the claimant should have known about the transaction at the time it was concluded, as she was a co-owner and had frequently acted according to her co-ownership status, which would have clearly provided her with the opportunity to become aware of the transaction. Thus, under such circumstances, it appeared that the claimant had missed the one-year period to file such a claim.
The court, after evaluating the evidence presented during the trial, concluded that the claimant had not provided any evidence to establish that she learned about the disputed transaction in 2018 or that she had been deprived of the opportunity to know about it earlier. As a result, the court determined that the statute of limitations for filing the claim applied, and therefore, the claim was fully rejected.

Note: Decision No. ED/25392/02/18 of the Civil Case by the First Instance Court of General Jurisdiction of Yerevan has entered into legal force.