From Our Experience
What would You Do?
In 2011, our partner won two cases in the court of general jurisdiction between the same parties: for annulment of the annuity contract and the termination of the annuity contract.
Our partner, represented the defendant, who at that time was more than 10 years the rent payer to elderly person under the contract of rent.
In these cases was not so interesting fact revealed by the defendant the plaintiff fake medical documents, as an answer to the question "What to do with court costs?"
The fact is that the interests of the plaintiff in the court - a very old man, who were diagnosed as "dementia" just before the lawsuits, represented by his daughter, who, as it turned out in the course of cases, appeared in his father's life after he was feeble-minded .
In the fact, she is that who has organized all these lawsuits, she filed lawsuits and she was person who has determined the plaintiff's position. Her father was only a formal plaintiff in all these cases, and not even once in all the time adjudication of both of cases without saying any single word.
By Earning the win in both of these cases, the defendant, who suffered by significant costs associated with these cases, guided by moral considerations, did not require reimbursement by the plaintiff, who has all his income - just a small pension and rent payments which he gets from defendant.
Also under these cases was not possible to make the plaintiff's daughter pay all his expenses.
The case raised questions "how to punish someone who damages to a third party as a result of filing serious lawsuit on behalf of the manipulated person who formally interdicted person, but in fact, who is always in an unconscious state ?".
We believe that, based on the norms of the Civil Code for damages, this is possible only through the recognition by the courts that the manipulator is actual initiator of the attack on to a third party and count manipulator guilty on inflicting damage and responsible for the all damages recover.