Open AccessStructure of Relations Regulated by Bankruptcy Law
Author(s) -
E. D. Suvorov
Publication year - 2022
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.87.11.094-107
Subject(s) - creditor , debtor , bankruptcy , estate , insolvency , law and economics , business , law , economics , political science , finance , debt
The article puts forward and substantiates the thesis according to which bankruptcy law, having as its subject the relations on the fulfillment of obligations by an insolvent debtor on the basis of the principle of pari passu, inevitably concerns the following relations: the relations of creditors and the debtor; the relations of creditors among themselves; the relations of creditors in relation to the bankruptcy estate; the relations of creditors, the debtor and the manager. Each of the groups of relations is given a corresponding characteristic, including the definition of the legal nature. It is reported that such relationships should not mix and coexist without absorbing or replacing each other. It is indicated that the relations of creditors and the debtor have a obligatory nature, the relations of creditors among themselves are the relations of quasi-copladgees of the bankruptcy estate among themselves and have a quasi-corporate nature, although they reserve obligatory nature. In turn, the relationship of creditors to the mass is compared with a quasipledge, and the relationship of the debtor, creditors and the manager can be qualified as a relationship from trust agreement.