Bringing actual and nominal managers to subsidiary responsibility, the ratio with the claim for damages

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To date, the involvement of persons controlling the debtor in subsidiary liability has become an important tool for protecting the interests of creditors in bankruptcy cases. The legislation also provides an opportunity to apply a common way of protecting civil rights - compensation for damages. In practice, difficulties arise in determining the ratio of these institutions, choosing a specific way to protect the interests of creditors. Within the framework of this article, we see the need to distinguish the mechanism of application of the rules on subsidiary liability and recovery of losses, both in relation to actual and nominal managers.

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Subsidiary liability, recovery of losses, persons controlling the debtor, nominee managers, beneficiaries, bankruptcy

Короткий адрес: https://sciup.org/170207501

IDR: 170207501   |   DOI: 10.24412/2500-1000-2024-10-5-259-267

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