On the need for unity of judicial enforcement, using the example of cases to recognize the actions (inaction) of the arbitration manager as unlawful and to recover losses from him
Автор: Goncharova S.G., Goncharov D. Yu.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Судебная деятельность
Статья в выпуске: 3 (30), 2021 года.
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The article considers some peculiarities of proving and application of substantive and procedural law norms when resolving the cases of recognizing the actions (inaction) of an arbitration manager as unlawful and recovering the losses from him. Using the examples of specific court cases focus the attention on the fact that to date, the problems associated with the lack of uniform practice of law on this category of cases is gradually resolved with the development of a single legal position of the Supreme Court of Russia. In the article the authors have paid more attention to the following questions: what transactions of the debtor are not obliged to contest a bankruptcy trustee; what circumstances should be established when considering cases on recovery of damages from bankruptcy trustees, caused by failure to contest transactions of the debtor; the calculation of the limitation period for contesting an imaginary transaction in bankruptcy cases.
Uniformity of judicial enforcement, misconduct of a bankruptcy trustee, damages, reasonable and good faith actions
Короткий адрес: https://sciup.org/14121130
IDR: 14121130