July 19 Main results of the day

The Arbitration Court of the Moscow Region has concluded a long-term dispute concerning the protection of the rights and legitimate interests of an incapacitated citizen. The essence of the dispute was that transactions were concluded on behalf of the incapacitated person, as a result of which he lost the rights to a number of companies, the market value of which amounted to more than 400 million rubles. During the dispute, the procedural opponents managed to change the guardian of the incapacitated person from his mother to a person affiliated with the Defendant, after which the new guardian announced the conclusion of a settlement agreement with the Defendants, according to which the property actually remained with unscrupulous purchasers. Lawyers of the Bureau of Lawyers “De jure” categorically objected to his approval by the court, citing this as a gross violation of the rights of an incompetent person. In such circumstances, the risk of subsequent satisfaction of the claim, even in the presence of an affiliated Plaintiff, forced the Defendants to conclude a new amicable agreement in a different version, according to which all the disputed property was returned to the incapacitated, but at the same time, a waiver of other claims related to the subject of the dispute was recorded. But it also did not fully meet his interests. The lawyers of the Bureau managed to convince the court of the need to involve their Principal, the mother of the incapacitated Plaintiff, to participate in the case as a third party. In this status, they declared the illegality of part of the terms of the submitted new draft settlement agreement. As a result, the Plaintiff and the Defendant were forced to exclude from the settlement agreement a number of conditions that violated the rights of the incapacitated, which actually satisfied the originally stated claims – the disputed property was returned in full to the incapacitated. The interests of the mother of the incapacitated person were represented by Nikita Filippov ,  Head of the Bureau of Lawyers “De jure”.