Petukhova I.E. Civil Law Aspects of Bankruptsy of Debtor’s Property

DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.16

Irina E. Petukhova, Postgraduate Student, Department of Civil Law and Procedure, Russian Presidential Academy of National Economy and Public Administration, Prosp. Vernadskogo, 82/1, 119574 Moscow, Russian Federation; Lawyer, OOO “’VIP Alliance-M’ Law Firm”, Admirala Lazareva St., 68, 117041 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-7478-9428

Introduction: the amount of satisfied creditors’ claims in completed debtor insolvency cases raises concerns and necessitates a change in the approaches used in bankruptcy proceedings. In this connection, the author aims to study the civil law problems relating to the disposal of the debtor’s property – a legal entity in bankruptcy. The research will use such general scientific methods of cognition as synthesis and analysis, as well as such specific scientific methods of cognition as systemic and formal legal ones. Results: analyzing the legal theories, law enforcement practice and the current bankruptcy legislation, the author identified the problematic issues arising from the bankruptcy of the debtor’s property in bankruptcy procedures. Conclusions: adhering to the point of view that the theory of constraint of legal capacity (capability) of the debtor is fundamental in the legislative regulation of bankruptcy relations, the author identified the problematic aspects in determining the time of commencement of such constraint, the debtor’s property assets to be disposed of in bankruptcy proceedings.

Key words: insolvency (bankruptcy), arbitration manager, bankruptcy of debtor’s property, debtor’s property, constraint of debtor’s property’s disposal.

Citation. Petukhova I.E. Civil Law Aspects of Bankruptsy of Debtor’s Property. Legal Concept, 2019, vol. 18, no. 4, pp. 119-125. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.16

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