Complaint about the actions of the bailiff to challenge the auction
After the auction, the parties to the enforcement proceedings have the right to challenge the results of the auction in court by appealing the action (inaction) of the bailiff in accordance with the procedure provided for in the first part of Article 250 of the CPC. In order to restore the rights, freedoms and legitimate interests of the parties to the enforcement proceedings in a timely manner, the bailiff, by virtue of the first part of Article 250 of the CPC, must bring the results of the auction to the attention of the recoverer and the debtor, and explain the procedure for appealing them. If a party to the enforcement proceedings has appealed to the court against the bailiff's actions to challenge the auction, the bailiff must refrain from concluding a purchase agreement, and the party has the right to raise before the court the issue of taking measures to secure the claim (for example, a ban on concluding a purchase agreement until the complaint is resolved on its merits). and others).
The protocol on the results of the electronic auction is the basis for concluding a contract for the purchase and sale of the debtor's seized property, therefore, by virtue of subparagraph 7) of Article 7 of the Civil Code, along with appealing the actions (inaction) of the bailiff, the protocol is also subject to appeal. In accordance with the second part of Article 15 of the CPC, the parties independently and independently of the court, other bodies and persons choose their position, ways and means of defending it during civil proceedings. In this regard, the purchase and sale agreement concluded between the bailiff and the buyer based on the results of the auction may be challenged by way of a claim. When considering disputes about the actions of the bailiff to challenge the auction, the complaint is subject to satisfaction if the court finds that the results of the auction influenced or led to a violation of the rights and legitimate interests of the debtor or the recoverer.
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