Korduvvõõrandamine

Korduvvõõrandamine is an Estonian legal concept that refers to the repeated transfer of ownership of an asset, typically property, by a person who has previously been declared bankrupt or insolvent. This repeated action can raise concerns and potentially lead to legal scrutiny. The core issue is whether these subsequent transfers are legitimate transactions or an attempt to circumvent the bankruptcy proceedings or to defraud creditors.

In Estonian law, bankruptcy proceedings are designed to ensure a fair distribution of an individual's assets among their creditors. When a person is declared bankrupt, their assets are typically managed by a bankruptcy trustee who is responsible for their liquidation and the allocation of proceeds. If a bankrupt individual then repeatedly sells off assets, especially those that should have been part of the bankruptcy estate, it can be viewed as an act of dispossession that undermines the bankruptcy process.

The legal implications of korduvvõõrandamine can be significant. Such actions may be deemed void or voidable, meaning they can be invalidated by a court. This could result in the asset being brought back into the bankruptcy estate for the benefit of creditors. Furthermore, individuals engaging in repeated fraudulent transfers could face civil liability for damages and, in some cases, criminal charges for offenses such as fraud or unlawful disposal of assets. The burden of proof often lies with the individual to demonstrate the legitimacy of these subsequent transfers.