Email this article Contract of Assignment of the Right of Claim: Features of Contesting in the Framework of the Bank's Insolvency Case
- Authors: Funtov D.A.1,2
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Affiliations:
- "Financial University under the Government of the Russian Federation"
- Arbitration Court of the City of Moscow
- Issue: Vol 15, No 6 (2022)
- Pages: 139-145
- Section: Articles
- URL: https://journals.rcsi.science/2072-3164/article/view/147726
- ID: 147726
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Abstract
The article analyzes the legal grounds for invalidating the contract of assignment of the right of claim and the application of the consequences of the invalidity of the transaction in the case of recognition of an insolvent credit institution. The legal proceedings in these cases within the framework of a separate dispute, as a rule, consist in the individuality of each situation and a broad interpretation in terms of the qualification of the claimed claim. This article highlights certain postulates that are used by courts in law enforcement practice and considers separate isolated disputes on the invalidation of the assignment of rights of claims. As a result of the analysis of judicial practice, problems in law enforcement practice are formulated, conclusions are drawn about the need to make additions to regulatory documents, on the basis of which specific proposals are formulated.
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##article.viewOnOriginalSite##About the authors
Dmitriy Alekseevich Funtov
"Financial University under the Government of the Russian Federation"; Arbitration Court of the City of Moscow
Email: fyntovda@mail.ru
postgraduate student; secretary of the court session Moscow, Russian Federation
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