Consumer bankruptcy as a factor of increasing the risks of non-fulfillment of civil obligations
Автор: Shaikhutdinov E.M.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы гражданского права
Статья в выпуске: 3 т.22, 2022 года.
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The article highlights the risk factors associated with the domestic model of consumer bankruptcy that affect the stability and stability of civil turnover: the risk of recognizing a counterparty citizen as bankrupt with his subsequent release from obligations, the risk of the creditor's ignorance about the beginning of the insolvency procedure of the debtor, the risk of invalidation of the transaction concluded by the debtor before the introduction of bankruptcy proceedings. The opinion is expressed that the reason for the problems associated with risks are the peculiarities of the domestic model of bankruptcy of a citizen, in which all the identified risks apply equally to both creditors (counterparties) who are business entities and creditors (counterparties) - citizens. It is proposed to differentiate the scope of guarantees of the rights and legitimate interests of creditors by the criterion of their participation in entrepreneurial activity.
Bankruptcy, consumer bankruptcy, civil risks, stability and predictability of civil turnover, exemption from obligations
Короткий адрес: https://sciup.org/147238366
IDR: 147238366 | DOI: 10.14529/law220313