Legal constructions alternative to set-off in the process of insolvency (bankruptcy)

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The article analyzes the legal structures of netting and liquidation netting, the features and consequences of their application in the bankruptcy process. The author comes to the conclusion that these constructions are inherently a set- off and the unreasonable non-application of the set-off rules to such constructions in the long term will be unfavorable for Russian law. He believes that the legislator and judicial practice should take the path of softening the rules on the inadmissibility of set-off in bankruptcy, rather than developing the balance theory.

Offset in bankruptcy, legal constructions of netting, liquidation netting, balance theory, inadmissibility of offset in bankruptcy, application of netting to a commission agreement, difference between netting and offset

Короткий адрес: https://sciup.org/170196108

IDR: 170196108   |   DOI: 10.24412/2072-4098-2022-7250-41-48

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