Kagalnitskova N.V., Tolstova O.S. The Theory-Legal Problems of Non-Competitive Challenging of Debtor’s Transactions Made for the Purpose of Causing Harm to His Creditors
DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.22
Natalia V. Kagalnitskova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Philosophy, History and Law, Volgograd State Agrarian University, Prosp. Universitetsky, 26, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2683-9424
Olga S. Tolstova, Senior Lecturer, Department of Civil and Private International Law, Volgograd State University (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), 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/0000-0002-2984-4990
Introduction. The paper deals with the identification of problems related to the practical implementation of the possibility of creditors’ challenging the debtor’s transactions aimed at withdrawing his assets in connection with the possible foreclosure on his debts. Purpose. The authors of the paper attempt to model the theoretical and legal foundations of the institution of non-competitive challenging in Russian civil law. With the help of such general scientific methods as synthesis, analysis, comparative and dialectical methods, as well as the specific scientific methods of cognition, in particular, formal-legal, structural-functional and others, the authors have determined the place of non-competitive challenging in the system of ways to protect the violated creditors’ rights, analyzed the conditions of such protection, and investigated the law enforcement practice. Results. There are no norms in the Russian legislation regulating the challenging of the debtor’s actions committed to the detriment of the interests of his creditors. As a result, to eliminate the gap the judicial practice is forced to carry out the legal regulation using a general legal mechanism for protecting the rights of bona fide persons in the presence of abuse of law by third parties. Conclusions. It is proposed to introduce into the civil legislation the institution of noncompetitive creditor’s challenging, which has already found its main features in modern judicial practice.
Key words: non-competitive challenging, competitive challenging, void transactions, voidable transactions, unfair counterparty, invalid transactions, restitution, harm to creditors.
Citation. Kagalnitskova N.V., Tolstova O.S. The Theory-Legal Problems of Non-Competitive Challenging of Debtor’s Transactions Made for the Purpose of Causing Harm to His Creditors. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 1, pp. 159-166. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.22
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