Elderly Sushkova, a disabled person of the first vision group, at her request, an assistant Medvedkova was appointed by the department of social protection of the local administration. After some time, on the basis of paragraph 1 of Art. 1026 of the Civil Code, the social protection department concluded an agreement with Medvedkova on trust management of Sushkova’s property and certified it notarially.
When Sushkova was in the hospital, Medvedkova sold her three-room apartment, and in her name bought a room in a communal apartment. Sushkova filed a claim for recognition of the sale and purchase transaction as invalid, recognition of her ownership of the apartment and compensation for damages to Medvedkova and the Registration Chamber, which registered the apartment sale transaction. She motivated her actions by not giving anyone a power of attorney to sell the apartment.
Medvedkova claim not recognized. In her opinion, the contract of trust management indicated that she, as a manager, could make any transactions with Sushkova´s property. The expediency of this transaction is beyond doubt, because Sushkova repeatedly complained about the lack of pensions about the maintenance of her property, and after selling the apartment her expenses should be drastically reduced. The Registration Chamber did not recognize the claim either.
Analyze the arguments of the parties and decide the case.
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