Kotelnikov N.V., Sadkov A.N., Prudnikova N.I. The Procedure for the Sale of a Debtor’s Property in Bankruptcy Cases of Individuals: Features of the Sale of Property Belonging to a Debtor Citizen on the Right of Common Ownership
DOI: https://doi.org/10.15688/lc.jvolsu.2022.4.18
Nikolay V. Kotelnikov, Candidate of Sciences (Jurisprudence), Associate Professor, Head of Department of Civil Law Disciplines, Volgograd Academy of the Ministry of Internal Affairs of Russia, Istoricheskaya St, 130, 400075 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5134-5699
Andrey N. Sadkov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and Private International Law (Basic Department of the UNC RAS), Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-6148-0576
Natalia I. Prudnikova, Judge of the Second Qualifying Class, Arbitration Court of the Volgograd Region, 7-y Gvardeyskoy St, 2, 400005 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-7440-4890
Introduction: the paper deals with the problems of the legal regulation of relations arising during the sale under the procedures used in the bankruptcy case of a citizen, of property belonging on the right of common ownership, in which the individual debtor has a certain share. The purpose of the study is to search for solutions aimed at improving the legal regulation of the mechanism for selling the property of a citizen recognized by the arbitration court as bankrupt, which is subject to the regime of common ownership. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization and comparative jurisprudence. Results: based on the accumulated law enforcement experience and civil doctrine, the authors propose recommendations for resolving the most common conflict of laws issues that arise when approving the procedure for selling the property of an individual debtor under the procedures used in the bankruptcy case of the citizen. Conclusions: the authors have concluded that the adoption by the arbitration court of a decision on declaring a citizen bankrupt excludes the possibility of foreclosing on the share of such a debtor in common property in accordance with the procedure provided for in Article 255 of the Civil Code of the Russian Federation. When selling the share of a bankrupt individual in the right of common ownership, the remaining co-owners can use their pre-emptive right by acquiring the disposed share at a price determined by the results of the auction, while the co-owners have an advantage over the awardee. The norms of the current legislation make it possible to establish a fair balance between the interests of the spouse of a citizen undergoing bankruptcy procedures and the creditors of such a citizen.
Key words: insolvency, bankruptcy, the right of common ownership, sale of property, foreclosure on a share in common property.
Citation. Kotelnikov N.V., Sadkov A.N., Prudnikova N.I. The Procedure for the Sale of a Debtor’s Property in Bankruptcy Cases of Individuals: Features of the Sale of Property Belonging to a Debtor Citizen on the Right of Common Ownership. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 4, pp. 126-135. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.4.18
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