Sychev A.Yu. The Principle of Independent Liability of a Legal Entity in Case of Insolvency (Bankruptcy): General Rules and Exceptions
DOI: https://doi.org/10.15688/lc.jvolsu.2023.4.14
Anton Yu. Sychev, Head of the Moscow Regional Branch of the Union of Arbitration Managers “Avangard”, Prosp. Likhachevsky, 31a, 141707 Dolgoprudny, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0002-2444-5891
Introduction. The paper discusses the controversial issues of implementing the principle of independent civil liability for a legal entity, which contributes to maintaining the stability of civil turnover and protecting the rights of creditors in the bankruptcy case of a legal entity. The main positions of the researchers in the context of the problem under consideration, as well as the provisions of the key normative legal acts, are investigated. Special attention is paid to the problem of the absolutization of the principle of independent civil liability of a legal entity in a bankruptcy case. The concept of “piercing corporate veil” in the context of the principles of insolvency (bankruptcy) of legal entities in connection with the problems of holding entities is analyzed. Methods. The study used such general scientific methods of scientific cognition as analysis, synthesis, induction, deduction, etc., as well as specific scientific legal methods, namely, formal legal, the method of legal interpretation, etc. Results. Based on the analysis of the legislation, doctrinal sources, and law enforcement practice, the point of view on the refutable nature of the presumption of attribution of persons specified in the law to persons controlling the debtor is substantiated. The exceptions to the general rules applied in practice in the implementation of the principle of independent liability of a legal entity in insolvency (bankruptcy) are revealed. The specifics of the implementation of special principles in the bankruptcy case of a legal entity are substantiated. Conclusions. Based on the results of the study, the role of both general legal principles and special principles of insolvency (bankruptcy) is determined when law enforcement agencies identify the relationship between legal entities, including at the pre-bankruptcy stage and during the implementation of other bankruptcy procedures.
Key words: insolvency (bankruptcy), liability of a legal entity, creditor, debtor, “corporate veil”, principles of property liability, holding company.
Citation. Sychev A.Yu. The Principle of Independent Liability of a Legal Entity in Case of Insolvency (Bankruptcy): General Rules and Exceptions. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 4, pp. 108-115. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.4.14
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