Errors with personal money How not to get into debt
Posted on Oct 30, 2000 08:15:27 AM
Owners of cottages and land should seriously think twice before to get into irredeemable debt. On Thursday, the Constitutional Court (CC) allowed to collect from debtors in payment of debts, along with other property and land. True, the current owners of villas loopholes to preserve their land and cottages, even if they are in deep debt hole, writes Nezavisimaya Gazeta.
Until now, the creditor could not collect from the debtor’s land, whose use is not associated with the implementation of the debtor’s business. In most cases, fall under this definition is just plots. According to the Civil Code, they are protected from punishment, along with a unique living space and the land on which it is located, the property required for a professional activity, food and money in the minimum required amounts. According to the complaint of several citizens protested against the rule of the COP as disproportionately restricting the rights of creditors.
According to the Head of analytical department of the law firm “Vegas Lex Maximus Chernigovcky now to collect a debt from the debtor can take everything except the place where he lives,” and he may still remain due, pay interest, such as salaries. And if a man took express loan in any bank smartly, he falls into debt bondage. ”
However, citizens of the debtor remains the legal loophole to save the cottages and land from seizure for debt. It is directly related to property rights to the country – land and buildings on it just does not need to register the property if it was not done earlier. Recall that since September 1 last year entered into force on the so-called “dacha amnesty”, according to which all members of the suburban cooperatives must re-register their lands or property and get the inventory number, or a lease agreement with the local municipality. In fact, until recently, the lion’s share of suburban areas are in the form of property “lifetime inheritable possession” that appeared in the Soviet years, when they started to give the first plots of land. According to the law in this form of property the creditor can not impose a penalty on the site, as well as any property obtained as an inheritance. For example, if the couple has two apartments, one of which had inherited the debtor’s wife during the marriage, and the second purchased by the debtor, the recovery can not be issued for a single apartment.
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