Kvitsiniya N.V., Abdurakhmanov S.K. Liability of Joint and Several Debtors to the Creditor (Conflict between the Provisions of the Federal Law “On Insolvency (Bankruptcy)” and the Regulations of the Russian Civil Code)
DOI: https://doi.org/10.15688/lc.jvolsu.2018.2.15
Natalya V. Kvitsiniya, Associate Professor, Department of Civil and International Private Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation,
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Samir Khidzhiran ogly Abdurakhmanov, Postgraduate Student, Department of Civil and International Private Law, Volgograd State University, Base Department of the Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation,
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Introduction: the article is devoted to the study of the correlation between the norms of the Civil Code of the Russian Federation and the Federal law “On Insolvency (Bankruptcy)” in terms of joint and several debtors’ liability, as well as the conflicts between these legislative acts in matters of joint and several debtors’ liability in case one of them is declared bankrupt. The current provisions of the Federal law “On Insolvency (Bankruptcy)” (hereinafter referred to as the Federal law “On Insolvency (Bankruptcy)”) do not make it possible to fully realize the purpose of regulating this law; in particular, many of them come into direct or indirect conflict with the provisions of other legislative acts (the Civil Code, the Federal law “On Mortgage (Real Estate Pledge)” and others).
For this purpose, the author studies the impact of the rules of the Federal law “On Insolvency (Bankruptcy)” on the institution of joint and several liabilities in civil law. With the help of the scientific knowledge methods, such as comparative law and system analysis methods, it is established that the regulation of joint and several liabilities of the Civil Code of the Russian Federation in conjunction with the rules of the Federal law “On Insolvency (Bankruptcy)” cause difficulties in the law enforcement practice. The correlation in the legal regulation of joint and several liabilities by the Civil Code of the Russian Federation and the Federal law “On Insolvency (Bankruptcy)” is under study. Results: it is proved that the consequence of declaring a citizen bankrupt is the maturity of monetary obligations, obligation to pay obligatory payments appeared prior to accepting the bankruptcy petition by the Arbitrazh court. It is noted that the rules of the Civil Сode do not provide a similar legal consequence in terms of the maturity of obligations for all joint and several debtors. It is established that there is no uniformity in the legal regulation of joint and several liabilities between the Civil Code and the Federal law “On Insolvency (Bankruptcy)”. As illustrated by the judicial practice, the difficulties of applying practically the legislative provisions on regulating the maturity of joint and several obligations are considered. Conclusions: it is proposed to make a number of amendments to the existing legislation, in particular, article 213.11 of the Federal law “On Insolvency (Bankruptcy)”, articles 323, 451 of the Civil Code, which will effectively regulate the liability of joint and several debtors in case of bankruptcy of one of them.
Key words: liability, joint and several debtors, co-borrowers, creditor, bankruptcy, joint and several liability.
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