On protection of the rights and legal interests of the buyer and creditors of the strategic debtor in the case on inconvention (bankruptcy)
- Authors: Borisova L.V.1
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Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: No 5 (2024)
- Pages: 52-58
- Section: Court, prosecutor’s office, bar, notarial system
- URL: https://journals.rcsi.science/1026-9452/article/view/261762
- DOI: https://doi.org/10.31857/S1026945224050053
- ID: 261762
Open Access
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Abstract
The article defined problems of ensuring a balanced ratio of the rights and legitimate interests of both the state and the buyer and creditors in the case of insolvency (bankruptcy) of a strategic enterprise and organization and offers suggestions for their solution. The aspect of protecting the rights of creditors when challenging the transactions of an insolvent debtor – a strategic enterprise or organization has been studied. Separate features are singled out that distinguish the concept of a transaction in the civil law sense and within the framework of bankruptcy legal relations. The problem of the variability of court approaches to the evaluation of transactions of a strategic debtor made in the course of ordinary business activities is shown.
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About the authors
Liliya V. Borisova
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: lilya-borisova@yandex.ru
PhD in Law, Associate Professor, Senior Research Fellow of the Sector of Procedural Law
Russian Federation, MoscowReferences
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