For example, if the husband gave his wife an apartment to avoid a trial on the treatment of belonging to him real estate, but the actual transfer of the apartment was not, then this transaction recognizes the imaginary. If the court finds such a deal imaginary, then the parties will be returned to its original position. If the seller sold the stake communal apartment under the contract of gift, then this sham transaction. In the event that its such a court, to the transaction will apply the rules that apply to the sale transaction. Yehoshua November may also support this cause. Consider the example of the donation contract share Apartments provide examples to sham transaction. It's no secret that very often it happens because of the notorious failure of pre-emption. That is, the legislator decided to reduce the amount of municipal apartments, has introduced the obligation before selling his share of a third person in the apartment, invite the neighbors to buy it first.
Well, if the neighbor agrees not to interfere, but if he can not even deliver a letter about the forthcoming sale, because: – no one knows, where co-owner, – co-owner works a lot and did not find him at home, so he signed the notice, and the post office, he refuses to go – part-owner does not want sign the notice, and does not want to buy, and do not want to sign, and did not agree. And without giving up the pre-emptive right to purchase such a deal no one registers. What is usually done? – Enter into a contract of donation all share – sign a contract of sale in favor of a third person – the transaction is done in several stages: first, sign a contract of gift of one share, and then enter into a contract of sale of the rest share a room – go to court with a claim on the neighbors of obstruction of civil rights. Sham transaction