The person under the power of attorney made a transaction of purchase and sale, namely the sale...

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A person under a power of attorney made a sale and purchase transaction, namely, the sale of real estate.

She did not return the funds to the principal, is it possible to return the funds belonging to the principal, in court.

29.07.2023 21:38 485

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Photo of sikorsky.y.o Yaroslav Sikorsky

In accordance with Part 3 of Art. 238 of the Civil Code of Ukraine, a representative cannot perform a transaction on behalf of the person he represents, in his own interests or in the interests of another person, whose representative he is at the same time, with the exception of commercial representation, as well as in relation to other persons established by law.

Payments for an amount exceeding 50,000 hryvnias are made by transferring funds from a current account to a current account or depositing and/or transferring funds to current accounts (including to a notary's deposit to a separate current account in national currency).

Therefore, if the value of the object in the contract of sale is higher than the established amount of the maximum amount of cash settlements, the individual and/or legal entity is obliged to make a non-cash settlement.

Taking into account the above, if funds for the sale of real estate have been deposited into the attorney's account, you can demand the return of these funds, including through court proceedings.

07.08.2023 11:44

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