X. bought a car on a loan taken from a bank

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Uploaded: 19.11.2018
Content: S18-310.docx 15,81 kB

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H. bought the car on a loan taken from a bank. The bank chose the pledge of a car as a way of securing the obligation to repay the loan. So that the latter could not be sold, the bank kept the passport of the vehicle.
H. reinstated this passport by submitting an application for his loss, after which he sold the car to his brother.
In connection with the delay in repayment of the loan, the bank filed a claim with the court for the foreclosure of the pledged car.
Brother H., as the owner of the car in court, stated that he could not be liable for his brother’s debts with his property, since he had no security obligations to the bank. In addition, he is a bona fide purchaser. If the bank has banned the former owner to sell the car, then you must first recognize the sale transaction as invalid.
Analyze the legality of the requirements of the bank and the arguments of Brother X.

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