Open AccessCivil Law Aspects of Bankruptsy of Debtor’s Property
Author(s) -
И. Н. Петухова
Publication year - 2019
Publication title -
pravovaâ paradigma
Language(s) - English
Resource type - Journals
eISSN - 2587-6899
pISSN - 2587-8115
DOI - 10.15688/lc.jvolsu.2019.4.16
Subject(s) - debtor , bankruptcy , creditor , insolvency , enforcement , property (philosophy) , law and economics , law , business , civil procedure , constraint (computer aided design) , civil law (civil law) , political science , economics , commercial law , debt , finance , engineering , mechanical engineering , philosophy , epistemology
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.