The details of improving the order of the legal regulation of the financial recovery as a means of the debtor financial stability securement
Автор: Zhukova T.M., Kondratyeva K.S.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское, предпринимательское и семейное право
Статья в выпуске: 3 (17), 2012 года.
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In the article, the details are viewed of the legal regulation of the out-of-court recovery specified in the bankruptcy legislation. Thenormsofthecurrentbankruptcyandrecoverylegislationareanalyzed, aswellastheissuesassociatedwiththeirapplication. Besides, thewaysareselectedofimprovingtheorderofthelegalregulationoftherecoveryasameansforthedebtorfinancialstabilityprovision. The measures against bankruptcy were known to the Russian pre-revolutionary law and to the bankrupt law of foreign countries. At present this topic acquired special significance because the number of cases associated with the insolvency (bankruptcy) continues to increase. Being one of the most important means for providing the financial stability of the debtor, the out-of-court recovery is one of the ways to avoid the debtor's bankruptcy expressed in the financial help to the debtor. The size of the financial help should be sufficient for liquidating the payables and mandatory payments and re-establishing of the debtor's paying capacity. The purpose of the out-of-court recovery is the restoration of the paying capacity, i.e. the absence of debts and mandatory payments obligations exceeding 3 months. The current insolvency prevention legislation, like before, define the most general requirements for the preventative procedures aimed at the financial recovery of the insolvent debtors. This proves that it is necessary to adopt legislative acts dedicated to the issues of preventing the debtors' bankruptcy. Since the out-of-court recovery have sometimes an important strategic meaning for the debtor, such problems as the order of the out-of-court procedures, the reasons for starting them and the order of their termination, etc. All this proves the necessity to adopt a legislative act which could systematize and specificate the existing actions on preventing the debtors' insolvency.
Out-of - courtrecovery, bankruptcylegislation, financialstability
Короткий адрес: https://sciup.org/147202161
IDR: 147202161