Open AccessTRANSFORMATIVE IMPACT OF BANKRUPTCY LAW ON DISPOSITION OF THE PROPERTY COMPLEX
Author(s) -
М.В. Телюкина
Publication year - 2020
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2020.4.16
Subject(s) - bankruptcy , transformative learning , insolvency , creditor , law and economics , analogy , business , law , debt , economics , political science , sociology , finance , epistemology , pedagogy , philosophy
Once insolvency (bankruptcy) proceedings have been instituted, virtually all the legal institutions known to us are applied with the particularities established by the bankruptcy law. This phenomenon can be called a transformative impact of bankruptcy law (or a bankruptcy transformation). There is currently no consensus on the part of theory and practice on the issues raised in the article.Purpose: to analyze the relations that arise during the disposition of a property complex (enterprise, business). Under civil law, this property complex means the complex of rights and obligations, purposing to get the profit, but in the bankruptcy law, it means only the set of rights, but not the obligations, because the obligations (excluding the current obligations) are not included to the business structure.Methods: the author uses empirical methods: comparison, analysis and synthesis, communication, description; as well as special methods: comparative legal, logical, systemic, deduction, induction, analogy.Results: the study proves the transformative effect of bankruptcy law on the business structure, the procedure for selling it, the status of pledge creditors whose claims are included in the business, the procedure for the realization of rights based on licenses.