Open AccessChallenging of Debtor`s Transactions Aimed at Infliction of Damage on Creditors in Anglo-American Law and Russian Civil Law: Comparative Law Research
Author(s) -
Sergey V. Myshyakov
Publication year - 2021
Publication title -
ûrist
Language(s) - English
Resource type - Journals
ISSN - 1812-3929
DOI - 10.18572/1812-3929-2021-3-19-24
Subject(s) - creditor , debtor , bankruptcy , law , insolvency , civil law (civil law) , political science , property (philosophy) , object (grammar) , comparative law , business , commercial law , philosophy , debt , finance , linguistics , epistemology
This article deals with the common law institutions on the grounds for challenging transactions made to the detriment of creditor’s property interests, and the relevant legal provisions and presumptions located in Chapter III.1 of the Russian law on insolvency (bankruptcy), a comparative legal analysis of the object and grounds of the challenge, the subjects of the challenge, the composition for proving the fact of fraudulent transfer of the debtor’s property and the preferred satisfaction of the creditor’s claims is carried out.